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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