Arkansas Statutes
§ 28-39-405 — Right of election personal to surviving spouse
Arkansas § 28-39-405
JurisdictionArkansas
Title28
This text of Arkansas § 28-39-405 (Right of election personal to surviving spouse) 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. § 28-39-405 (2026).
Text
(a)The right of election of the surviving spouse is personal. It is not transferable and does not survive the surviving spouse.
(b)The guardian of the estate of an incompetent surviving spouse, when authorized by the court having jurisdiction over the estate of the ward, may elect to take against the will in the ward's behalf.
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Related
Ggnsc Holdings, LLC v. Lamb Ex Rel. Williams
2016 Ark. 101 (Supreme Court of Arkansas, 2016)
Burch v. Griffe
29 S.W.3d 726 (Supreme Court of Arkansas, 2000)
Legislative History
Acts 1949, No. 140, § 37; A.S.A. 1947, § 60-505.
Nearby Sections
15
§ 28-1-101
Title§ 28-1-102
Definitions§ 28-1-103
Effect of code§ 28-1-104
Probate proceedings§ 28-1-106
Referees and probate clerks§ 28-1-108
Records§ 28-1-109
Petition - Verification§ 28-1-110
Filing objections to petition§ 28-1-111
Guardians and attorneys ad litem§ 28-1-112
Notice - Service - Proof - Costs§ 28-1-113
Waiver of notice§ 28-1-115
Vacation and modification of orders§ 28-1-116
Appeals§ 28-1-117
Use of certified mail permitted§ 28-1-118
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Bluebook (online)
Arkansas § 28-39-405, Counsel Stack Legal Research, https://law.counselstack.com/statute/ar/28-39-405.