{"data":{"id":"us-ar/ark.-code-ann.-28-11-307","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 28-11-307","heading":"Dower or curtesy when no children","body":"(a) (1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½) of the personal estate, absolutely, and in his or her own right, as against collateral heirs. (2) However, as against creditors, the surviving spouse shall be invested with one-third (1/3) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (1/3) of the personal property absolutely. (b) If the real estate of the deceased person is an ancestral estate, the surviving spouse shall be endowed in a life estate of one-half (½) of the estate as against collateral heirs and one-third (1/3) as against creditors. Rev. Stat., ch. 52, § 21; Acts 1891, No. 65, § 1; C. \u0026 M. Dig., § 3536; Pope's Dig., § 4421; Acts 1981, No. 714, § 23; A.S.A. 1947, § 61-206.\n\n(a) (1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½) of the personal estate, absolutely, and in his or her own right, as against collateral heirs. (2) However, as against creditors, the surviving spouse shall be invested with one-third (1/3) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (1/3) of the personal property absolutely.\n\n(1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½) of the personal estate, absolutely, and in his or her own right, as against collateral heirs.\n\n(2) However, as against creditors, the surviving spouse shall be invested with one-third (1/3) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (1/3) of the personal property absolutely.\n\n(b) If the real estate of the deceased person is an ancestral estate, the surviving spouse shall be endowed in a life estate of one-half (½) of the estate as against collateral heirs and one-third (1/3) as against creditors.","path":["AR Code","Title 28","Chapter 11","Subchapter 3"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"92e1ff728c28d3ddf1907299a1fa669eb5c49ff1a2f68b943bf80671aee19794","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-28-11-306","next":"us-ar/ark.-code-ann.-28-11-401"},"notice":"GroundRules: Original legal text. Not legal advice."}