Ark. Code Ann. § 28-9-214 (2026)
Tables of descents
The heritable estate of an intestate as defined in § 28-9-206 shall pass as follows upon the intestate's death:
- First, to the children of the intestate and the descendants of each child of the intestate who may have predeceased the intestate. The children and descendants will take per capita or per stirpes according to §§ 28-9-204 and 28-9-205;
- Second, if the intestate is survived by no descendant, to the intestate's surviving spouse unless the intestate and the surviving spouse had been continuously married less than three (3) years next preceding the death of the intestate, in which event the surviving spouse will take merely fifty percent (50%) of the intestate's heritable estate;
- Third, if the intestate is survived by no descendant or spouse, to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living;
- Fourth, if the intestate is survived by no descendant but is survived by a spouse to whom the intestate has been continuously married less than three (3) years next preceding the death of the intestate, the entire portion of his or her heritable estate which does not pass to the surviving spouse under subdivision (2) of this section shall pass to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living;
- Fifth, if the intestate is survived by no descendant or parent, then all of his or her heritable estate which under subdivisions (3) and (4) of this section would have vested in the intestate's surviving parent or parents will pass to the intestate's brothers and sisters and the descendants of any brothers and sisters of the intestate who may have predeceased the intestate, such brothers, sisters, and descendants taking per capita or per stirpes according to §§ 28-9-204 and 28-9-205;
- Sixth, if the intestate is survived by no descendant, then in respect to such portion of his or her heritable estate as does not pass under subdivisions (2)-(5) of this section, the inheriting class will be the surviving grandparents, uncles, and aunts of the intestate. In this situation, each surviving grandparent shall take the same share as each surviving uncle and aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal grandparent, uncle, or aunt shall take the same share as a paternal grandparent, uncle, or aunt and vice versa. If any uncle or aunt of the intestate shall predecease the intestate, the descendants of the deceased uncle or aunt will take, per capita or per stirpes according to §§ 28-9-204 and 28-9-205, the share the decedent would have taken if he or she had survived the intestate;
- Seventh, if the intestate is survived by no descendant, then in respect to the portion of his or her estate as does not pass under subdivisions (2)-(6) of this section, the inheriting class will be the surviving great-grandparents and great-uncles and great-aunts of the intestate. In this situation, each surviving great-grandparent shall take the same share as each surviving great-uncle and great-aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal great-grandparent, great-uncle, or great-aunt shall take the same share as a paternal great-grandparent, great-uncle, or great-aunt and vice versa. If any great-uncle or great-aunt shall predecease the intestate, the descendants of the decedent will take, per capita or per stirpes according to §§ 28-9-204 and 28-9-205, the share the decedent would have taken if he or she had survived the intestate; and
- Eighth, if heirs capable of inheriting the entire heritable estate cannot be found within the inheriting classes prescribed in subdivisions (1)-(7) of this section, the real and personal property of the intestate, or the portion not passing under those subdivisions, shall pass according to § 28-9-215, devolution when all or some portion of a heritable estate does not pass under this section.
History. Acts 1969, No. 303, § 19; A.S.A. 1947, § 61-149.
Cross References. Dower and curtesy, § 28-11-101 et seq.
Research References
Ark. L. Rev.
Estate Planning with Disclaimers in Arkansas, 27 Ark. L. Rev. 411.
U. Ark. Little Rock L.J.
Averill & Brantley, A Comparison of Arkansas's Current Law Concerning Succession, Wills, and Other Donative Transfers with Article II of the 1990 Uniform Probate Code, 17 U. Ark. Little Rock L.J. 631.
Case Notes
Abandonment of Marriage.
In a suit to contest a will, where no evidence was shown and no contention was made that the divorce and remarriage intervened between the time of marriage and the death of husband, the court was right in refusing to hear that the widow had abandoned her marriage with the decedent and thus was not “continuously married.” Mabry v. Mabry, 259 Ark. 622, 535 S.W.2d 824 (1976).
Conflict of Laws.
Inheritance is governed by the lex rei sitae. Crossett Lumber Co. v. Files, 104 Ark. 600, 149 S.W. 908 (1912); Wilson v. Storthz, 117 Ark. 418, 175 S.W. 45 (1915) (decision under prior law).
Devolution of Intestate's Property.
The distinction between ancestral estates and new acquisitions in the devolution of property by intestacy was abolished in Arkansas by Acts 1969, No. 303 and has not been reinstated. Accordingly, where a decedent died intestate and without descendants in 1982, the decedent's property, which consisted principally of lands that were formerly owned by her late father, all went to her surviving husband, to whom she had been married for 53 years. Heath v. Clear, 280 Ark. 482, 659 S.W.2d 504 (1983).
Disclaimer by Heirs.
Where the four children of the intestate who were alive at his death and the five children of a son who predeceased him had executed disclaimers of interest in the estate with the purpose of having certain property pass to his widow as the surviving spouse, but the other 12 grandchildren and 10 great grandchildren did not execute disclaimers, the property in question did not pass to the widow because under this section the estate would pass to the widow only if there were no surviving descendants. The disclaimers in this case resulted in the property in issue passing to the 12 grandchildren and 10 great grandchildren who did not execute disclaimers and not to the widow as the surviving spouse. Hunt v. United States, 566 F. Supp. 356 (E.D. Ark. 1983).
Escheat.
Escheat occurs immediately upon the death of the intestate, not when the probate court enters its order finding the estate must escheat. Newton County v. West, 293 Ark. 461, 739 S.W.2d 141 (1987).
Intestate Succession.
In a case seeking to determine heirship, a surviving spouse was properly awarded a one-sixth interest in property, even though she had waived her right to dower in a conveyance, because she received her interest after the death of her husband, pursuant to subdivision (2) of this section. Scroggin v. Scroggin, 103 Ark. App. 144, 286 S.W.3d 758 (2008).
Per Capita Distribution Proper.
In a probate dispute regarding the estate of the decedent, because the decedent's aunts, uncles, and grandparents had predeceased her, the per capita distribution of the estate at the first-cousin level under § 28-9-205(a)(2) was proper as it was the first level at which the intestate had surviving heirs, regardless of what level was used to determine the inheriting class under this section. Stokan v. Estate of Cann, 100 Ark. App. 216, 266 S.W.3d 210 (2007).
Cited: McDonald v. Petty, 254 Ark. 705, 496 S.W.2d 365 (1973); Maryland Cas. Co. v. Rowe, 256 Ark. 221, 506 S.W.2d 569 (1974); Keenan v. Peevy, 267 Ark. 218, 590 S.W.2d 259 (1979); Wilson v. Kemp, 7 Ark. App. 44, 644 S.W.2d 306 (1982); Smith v. Wright, 300 Ark. 416, 779 S.W.2d 177 (1989); Wisdom v. McBride, 311 Ark. 492, 845 S.W.2d 6 (1993); Douglas v. Holbert, 335 Ark. 305, 983 S.W.2d 392 (1998); Cockrum v. Fox, 359 Ark. 508, 199 S.W.3d 69 (2004); Dotson v. Dotson, 2009 Ark. App. 819, 372 S.W.3d 398 (2009).