The heritable estate is the part of the deceased's estate that can pass by inheritance. Can a house stay in a deceased persons name? ", Civil Law Self-Help Center. There are two types of probate with one being for smaller estates and less formal. By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. The children and descendants will take per capita or per stirpes according to 28-9-204 and 28-9-205; Second, if the intestate is survived by no descendant, to the intestate's surviving spouse unless the intestate and the surviving spouse had been continuously married less than three (3) years next preceding the death of the intestate, in which event the surviving spouse will take merely fifty percent (50%) of the intestate's heritable estate; Third, if the intestate is survived by no descendant or spouse, to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living; Fourth, if the intestate is survived by no descendant but is survived by a spouse to whom the intestate has been continuously married less than three (3) years next preceding the death of the intestate, the entire portion of his or her heritable estate which does not pass to the surviving spouse under subdivision (2) of this section shall pass to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living; Fifth, if the intestate is survived by no descendant or parent, then all of his or her heritable estate which under subdivisions (3) and (4) of this section would have vested in the intestate's surviving parent or parents will pass to the intestate's brothers and sisters and the descendants of any brothers and sisters of the intestate who may have predeceased the intestate, such brothers, sisters, and descendants taking per capita or per stirpes according to 28-9-204 and 28-9-205; Sixth, if the intestate is survived by no descendant, then in respect to such portion of his or her heritable estate as does not pass under subdivisions (2)-(5) of this section, the inheriting class will be the surviving grandparents, uncles, and aunts of the intestate. Only you can decide if you need a will. In addition, she inherits 1/3 of Paul's personal property under the rules of dower and curtesy. Limit one coupon per transaction. Other owners or beneficiaries take control of the deceased owner's assets by operation of law simply because they survive the deceased owner. Any information you provide to Cake, and all communications between you and Cake, This will allow the Executor of the Will or Probate Court to officially close out these accounts on behalf of the deceased. How Probate Laws Work in Arkansas | Probate Advance