Arkansas § 28-15-107 Other remedies available at death

Arkansas Statutes

§ 28-15-107 — Other remedies available at death

Arkansas § 28-15-107

Title28

This text of Arkansas § 28-15-107 (Other remedies available at death) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 28-15-107 (2026).

Text

(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.

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(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.