Arkansas Code Title 28, Subtitle 4, Chapter 39, Subchapter 4 - Taking Against the Will

• § 28-39-401 - Rights of Surviving Spouse -- Limitations.
  (a) When a married person dies testate as to all or any part of his or her estate, the surviving spouse shall have the...
• § 28-39-402 - Notice to Spouse of Right to Elect.
  Within one (1) month after the will of a married person has been admitted to probate, the clerk shall mail a notice to the...
• § 28-39-403 - Spouse's Time Limitation for Filing Election.
  (a) The election by a surviving spouse to take against the will may be made at any time within one (1) month after the...
• § 28-39-404 - Form of Election -- Filing.
  (a) (1) The election to take against the will shall be: (A) In writing, signed and acknowledged by the surviving spouse or by the...
• § 28-39-405 - Right of Election Personal to Surviving Spouse.
  (a) The right of election of the surviving spouse is personal. It is not transferable and does not survive the surviving spouse.(b) The guardian...
• § 28-39-406 - Revocation of Spouse's Election.
  An election made by or on behalf of a surviving spouse to take against the will shall be binding and shall not be subject...
• § 28-39-407 - Rights of Children or Issue -- Limitations.
  (a) Subsequently Born or Adopted Children. Whenever a child shall have been born to or adopted by a testator after the testator has made...

Last modified: November 15, 2016