A family allowance is a portion of a decedents estate that is set aside for certain family members regardless of what the will says.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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In Arkansas, whether or not you have a will when you die, your spouse will inherit property from you under a doctrine called "dower and curtesy." Briefly, this is how it works: If you have children or other descendants. Your spouse has the right to use, for life, 1/3 of your real estate.
Overview of Arkansas Will Laws Nuncupative (oral) wills are not valid in Arkansas, but handwritten (also called "holographic") wills are valid as long as its entirety is written in the testator's own hand and witnessed by "three credible, disinterested witnesses."
§ 28-25-103. Your witnesses should be "disinterested," meaning that you have not given them anything in the will. If an "interested" witness signs the will, the witness could lose the gifts you left to them through the will. Ark.
Arkansas's probate code requires estates to go through probate if the decedent owned property, had minor-aged children, or bequeathed valuable assets to beneficiaries, whether or not they died without a will.
An Arkansas beneficiary deed allows Arkansas property owners to avoid probate at death without giving up control during life. It can be thought of as a substitute for a living trust, which has the same purpose but is more expensive to set up, fund, and operate.
Wills, Estates, and Fiduciary Relationships § 28-25-107. Incorporating other writings. (a) Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Affidavit of attesting witness. (a) Any attesting witness to a will may make and sign an affidavit before any officer authorized to administer oaths in this state or in any other state stating such facts as he or she would be required to testify to in an uncontested probate proceeding concerning the will.
Statute of Limitations A will must be submitted to the probate court within 5 years of the decedent's death. An administration must also be granted within 5 years of the decedent's death. Ark. Code Ann.
