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28-9-206. Interests transmissible by inheritance.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-9-206. Interests transmissible by inheritance.
(a) Heirs may inherit every right, title, and interest not terminated by the intestate's death in real or personal property owned by an intestate at the time of the intestate's death and not disposed of by will.
(b) The rights of heirs will be subject to:
(1) The dower or curtesy of the intestate's surviving spouse;
(2) The homestead rights of the surviving spouse and children of the intestate, including the quarantine rights of the surviving spouse;
(3) All statutory rights and allowances to the surviving spouse and minor children;
(4) Any rights of a surviving spouse in respect to income tax refunds made pursuant to a joint federal income tax return; and
(5) An administration of the estate, if any.
(c) The portion of the intestate's estate which may pass by inheritance, after giving effect to subsection (b) of this section and to any partial testamentary disposition, is hereinafter sometimes called the “heritable estate” of the intestate.
(d) In this connection it is declared that subject to the conditions set out above, the intestate's entire right and title in respect to any and all reversionary and remainder interests, rights of reentry or forfeiture for condition broken, executory interests, and possibilities of reverter, whether any of such interests are vested or contingent, shall be transmissible by inheritance and will pass to the intestate's heirs determined as of the time of the intestate's death.
(e) An intestate may transmit his or her title to real or personal property by inheritance even though:
(1) The intestate is not in actual or constructive possession thereof; and
(2) There may be adverse possession thereof.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-9-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-9-206
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7952b46998f7091d6ac0b166d905a9308ef2db8019a72dad56c10d0ec1ed4af7
Source location: content.xml paragraph 1042
Stored source content
28-9-206. Interests transmissible by inheritance.
(a) Heirs may inherit every right, title, and interest not terminated by the intestate's death in real or personal property owned by an intestate at the time of the intestate's death and not disposed of by will.
(b) The rights of heirs will be subject to:
(1) The dower or curtesy of the intestate's surviving spouse;
(2) The homestead rights of the surviving spouse and children of the intestate, including the quarantine rights of the surviving spouse;
(3) All statutory rights and allowances to the surviving spouse and minor children;
(4) Any rights of a surviving spouse in respect to income tax refunds made pursuant to a joint federal income tax return; and
(5) An administration of the estate, if any.
(c) The portion of the intestate's estate which may pass by inheritance, after giving effect to subsection (b) of this section and to any partial testamentary disposition, is hereinafter sometimes called the “heritable estate” of the intestate.
(d) In this connection it is declared that subject to the conditions set out above, the intestate's entire right and title in respect to any and all reversionary and remainder interests, rights of reentry or forfeiture for condition broken, executory interests, and possibilities of reverter, whether any of such interests are vested or contingent, shall be transmissible by inheritance and will pass to the intestate's heirs determined as of the time of the intestate's death.
(e) An intestate may transmit his or her title to real or personal property by inheritance even though:
(1) The intestate is not in actual or constructive possession thereof; and
(2) There may be adverse possession thereof.
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