Ark. Code Ann. § 28-15-107: Other remedies available at death

(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of: (1) the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or (2) the decedent that takes effect at the death of the decedent. (b) In determining a right under subsection (a) and corresponding remedy, the court: (1) shall apply equitable principles; and (2) may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced. Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.

(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of: (1) the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or (2) the decedent that takes effect at the death of the decedent.

(1) the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or

(2) the decedent that takes effect at the death of the decedent.

(b) In determining a right under subsection (a) and corresponding remedy, the court: (1) shall apply equitable principles; and (2) may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.

(1) shall apply equitable principles; and

(2) may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.