HB 1409 Summary

• Adopts the Uniform Community Property Disposition at Death Act as Arkansas Code Title 28, Chapter 15, establishing rules for disposing of community property acquired under other jurisdictions' laws when a spouse dies.

• Declares that one-half of applicable community property belongs to the surviving spouse automatically and is not subject to the decedent's will, while the other half belongs to the decedent and may be disposed of by will.

• Applies to personal property wherever located and real property in Arkansas that was acquired as or became community property under another jurisdiction's law, including income and property traceable to such community property.

• Establishes time limits for claims: surviving spouses have three years to sue heirs or nonprobate transferees, or six months to notify a personal representative; heirs and devisees have similar timeframes to assert rights against the surviving spouse.

• Repeals Arkansas Code Title 28, Chapter 12 (the former Uniform Disposition of Community Property Rights at Death Act) effective upon approval on April 11, 2023.