HB2234 Summary

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

• Eliminates the legal concepts of dower and curtesy rights and replaces them throughout Arkansas law with "surviving spouse marital share," defined as the interest in a decedent's estate of a surviving spouse.

• Creates new surviving spouse marital share provisions: if no children exist, surviving spouse receives fee simple interest in one-half of non-ancestral real property or life estate in one-half of ancestral real property, plus absolute interest in one-half of personal property; if children exist, surviving spouse receives life estate in one-third of non-ancestral real property and fee simple interest in one-third of personal property.

• The surviving spouse marital share only vests in a deceased spouse's estate and does not grant interest in a living spouse's property.

• Makes conforming changes throughout Arkansas probate, property, and conveyance statutes to replace references to dower and curtesy with surviving spouse marital share terminology.