HB1538 Summary

• Repeals Arkansas Code sections 9-11-602 through 9-11-604 governing the sale of real estate free from dower or curtesy rights when a spouse is adjudged insane

• Creates a new "surviving spouse marital share" to replace traditional dower and curtesy rights, vesting interest in a deceased spouse's estate based on whether the decedent had children and the type of property involved

• Establishes surviving spouse marital share amounts: when no children exist, the surviving spouse receives one-half (1/2) of non-ancestral real property and one-half (1/2) of personal property against collateral heirs, or one-third (1/3) against creditors; when children exist, the surviving spouse receives one-third (1/3) of non-ancestral real property and one-third (1/3) of personal property

• Repeals provisions in Title 28 relating to dower and curtesy elections, jointures, and specific apportionment rules, replacing references throughout the code with "surviving spouse marital share"

• Amends various procedural sections to substitute "surviving spouse marital share" language for references to "dower" and "curtesy" in property conveyance, acknowledgment, and estate administration statutes