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2019 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 2 - Descent and Distribution
Chapter 9 - Intestate Succession
Subchapter 2 - Arkansas Inheritance Code of 1969
§ 28-9-215. Devolution Where No Heir Under § 28-9-214
Universal Citation: AR Code § 28-9-215 (2019)
- If an heir to the heritable estate, or some portion thereof, cannot be found under § 28-9-214, then the portion of the heritable estate as does not pass under § 28-9-214 will pass as follows:
(1) First, to the surviving spouse of the intestate even though they had been married less than three (3) years;
(2)
(A) Second, if there is no such surviving spouse, to the heirs, determined as of the date of the intestate's death in accordance with § 28-9-214, of the intestate's deceased spouse, meaning the spouse to whom the intestate was last married if there had been more than one (1) marriage.
(B) However, in case a marriage was terminated by divorce rather than by death, the heirs of the divorced spouse shall not inherit; and
(3) Third, if there is no person capable of inheriting under subdivision (1) or (2) of this section, the estate shall escheat to the county wherein the decedent resided at death.
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