March 1, 2026

Do I Need a Will in Arkansas If I Want Everything to Go to My Spouse?

Article Summary:

Arkansas tax rules continue to shift, and what you can deduct in 2026 may look different than you expect. From individual write-offs to business-related deductions, small changes in the law can have a real impact on what stays in your pocket. This guide breaks down the Arkansas tax deductions worth paying attention to now, so you can plan ahead and avoid costly surprises later.


Legal Topics

EMPLOYMENT LAW UPDATE: FEDERAL TRADE COMMISSION ELIMINATES NON-COMPETE CLAUSES

On Tuesday, the Federal Trade Commission issued a new Rule putting an end to employment-related non-compete clauses. In its justification for the rule, the FTC called non-compete clauses “an unfair method of competition” and stated it is a “violation for [employers] to… enter into non-compete clauses (“non-competes”) with workers.” In today’s very competitive labor market, the new FTC Rule creates a significant disruption for employers.

WHEN IS THE FTC ELIMINATION OF NON-COMPETE CLAUSES SET TO TAKE EFFECT?

This new FTC provision—set to take effect in 120 days—renders existing non-compete agreements unenforceable. Existing non-compete agreements with senior executives will remain enforceable, although employers cannot require newly hired senior executives to sign such an agreement.

WHAT REQUIREMENTS HAS THE FTC IMPOSED ON EMPLOYERS BY ELIMINATING NON-COMPETE CLAUSES?

After the Rule takes effect, employers are required to deliver personal notice to employees (past and present) who signed a non-compete agreement informing them agreements are no longer enforceable. In the notice, employers must inform employees they are free to accept any job or start any business, even if it is directly competitive with the employer.

IS THE FTC’S ELIMINATION OF THE NON-COMPETE CLAUSES OPTIONAL FOR EMPLOYERS?

Compliance with the FTC Rule is not optional. Employers should consider new ways they can protect against a former employee gaining a competitive advantage by using the employer- provided training, the relationships made possible by the employer, or the confidential information learned from the employer. RMP can assist you in navigating this disruption and can provide advice on how to most effectively protect your vital business interests going forward.

RMP: Your Employment Law Attorneys

RMP Attorneys At Law has an experienced Employment Law Attorney team dedicated to helping you navigate these changes. If you have any questions or would like guidance, reach out to one of our employment attorneys, Tim Hutchinson, Seth Haines, Larry McCredy, or Taylor Baltz or call  479.443.2705.

If you are married, it is common to assume that a will is unnecessary because everything will pass to your spouse. However, under Arkansas law, this assumption may be incorrect in many circumstances.

This guide explains how inheritance works in Arkansas when someone dies without a will, when a spouse does not automatically inherit everything, and why even a simple will can prevent delay and conflict.

Walk, support and a child and mother holding hands at the beach for trust, love and care in Spain. .

What Property Is Subject to Probate?

Before discussing the specifics of inheritance laws, it is important to understand that only property held solely by a decedent without a designated beneficiary is subject to probate. Many assets pass automatically outside the probate process, including:

  • Property held in joint tenancy with right of survivorship or tenancy by the entirety (between spouses)
  • Assets with named beneficiaries, such as life insurance policies, retirement accounts (e.g., IRAs, 401(k)s), and bank accounts with payable-on-death (POD) designations
  • Property held in a trust
  • Real estate with respect to which a beneficiary deed has been filed

If an asset has a designated beneficiary or surviving co-owner, it passes directly to that person without court involvement. Probate applies only to assets titled solely in the decedent's name that do not have beneficiary designations or survivorship rights.

How Inheritance Works Without a Will in Arkansas

Once it is determined that a decedent has a probate estate, it must be determined how their probate estate will be administered. When a person dies without a valid will, they are said to die intestate. A person may die wholly intestate, meaning there is no valid will in effect with respect to any of the estate, or a person may die partially intestate, meaning part but not all of the estate is validly disposed of by will. 

When all or part of a decedent’s estate is intestate, the estate is distributed according to Arkansas intestate succession law. These rules determine who inherits property, in what shares, and subject to what restrictions.

While the decedent’s intent is of the utmost importance when dealing with his or her will, intestate succession applies regardless of the deceased person’s intentions.

Does a Spouse Automatically Inherit Everything?

Not in Arkansas. Under Arkansas law, a surviving spouse does not always inherit the entire estate. Instead, children of the decedent, including children from prior relationships, inherit first. The rights of the children to inherit the decedent’s estate will be subject to certain statutory rights of the spouse that provide some protection for the spouse. The result is that the children and the spouse may ultimately share the decedent’s estate.

Additionally, even if the decedent has no children, if the decedent and his or her spouse have been married less than three (3) years, the surviving spouse will only inherit 50% of the estate. The decedent’s surviving parents will inherit the remaining 50% of the estate. If the decedent has no surviving parent, the decedent’s siblings or their descendants, or if none, the decedent’s extended family, including grandparents, uncles, and aunts, will inherit the remaining 50% of the decedent’s estate.

In these cases, ownership may be split between the spouse and other individuals. This can result in shared ownership of real estate, restricted access to funds, or forced sales of property.

What a Will Does Under Arkansas Law

A properly drafted Arkansas will allows you to:

  • Direct property to your spouse outright
  • Select an executor rather than relying on court appointment
  • Reduce uncertainty during probate
  • Minimize disputes among family members

A will does not avoid probate, but it often makes the process more efficient and predictable.

Common Reasons People Delay Creating a Will

Many Arkansas residents delay estate planning because they believe:

  • Their estate is too small
  • Their spouse can handle matters informally
  • Probate only affects complex estates

In practice, while there are streamlined probate proceedings under a certain threshold, probate administration applies to estates of all sizes, and intestate estates often require more court involvement than estates governed by a will.

Why This Matters

Without a will, Arkansas law controls how your property is distributed at your death, not you. That process can delay access to assets and create unnecessary legal and financial strain for surviving family members.

When to Talk to an Arkansas Estate Planning Attorney

You may want legal guidance if:

  • You want to reduce the risk of family conflict
  • You have children 
  • You want to control who inherits specific property

Contact RMP Law

RMP Law assists Arkansas families with estate planning tailored to their circumstances. If you have questions about wills or how Arkansas inheritance laws apply to your situation, contact RMP Law at 479-443-2705 or use our Message Us form.


Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

Message Us



RMP Business Law Attorney Arkansas

If you are married, it is common to assume that a will is unnecessary because everything will pass to your spouse. However, under Arkansas law, this assumption may be incorrect in many circumstances.

This guide explains how inheritance works in Arkansas when someone dies without a will, when a spouse does not automatically inherit everything, and why even a simple will can prevent delay and conflict.

Walk, support and a child and mother holding hands at the beach for trust, love and care in Spain. .

What Property Is Subject to Probate?

Before discussing the specifics of inheritance laws, it is important to understand that only property held solely by a decedent without a designated beneficiary is subject to probate. Many assets pass automatically outside the probate process, including:

  • Property held in joint tenancy with right of survivorship or tenancy by the entirety (between spouses)
  • Assets with named beneficiaries, such as life insurance policies, retirement accounts (e.g., IRAs, 401(k)s), and bank accounts with payable-on-death (POD) designations
  • Property held in a trust
  • Real estate with respect to which a beneficiary deed has been filed

If an asset has a designated beneficiary or surviving co-owner, it passes directly to that person without court involvement. Probate applies only to assets titled solely in the decedent's name that do not have beneficiary designations or survivorship rights.

How Inheritance Works Without a Will in Arkansas

Once it is determined that a decedent has a probate estate, it must be determined how their probate estate will be administered. When a person dies without a valid will, they are said to die intestate. A person may die wholly intestate, meaning there is no valid will in effect with respect to any of the estate, or a person may die partially intestate, meaning part but not all of the estate is validly disposed of by will. 

When all or part of a decedent’s estate is intestate, the estate is distributed according to Arkansas intestate succession law. These rules determine who inherits property, in what shares, and subject to what restrictions.

While the decedent’s intent is of the utmost importance when dealing with his or her will, intestate succession applies regardless of the deceased person’s intentions.

Does a Spouse Automatically Inherit Everything?

Not in Arkansas. Under Arkansas law, a surviving spouse does not always inherit the entire estate. Instead, children of the decedent, including children from prior relationships, inherit first. The rights of the children to inherit the decedent’s estate will be subject to certain statutory rights of the spouse that provide some protection for the spouse. The result is that the children and the spouse may ultimately share the decedent’s estate.

Additionally, even if the decedent has no children, if the decedent and his or her spouse have been married less than three (3) years, the surviving spouse will only inherit 50% of the estate. The decedent’s surviving parents will inherit the remaining 50% of the estate. If the decedent has no surviving parent, the decedent’s siblings or their descendants, or if none, the decedent’s extended family, including grandparents, uncles, and aunts, will inherit the remaining 50% of the decedent’s estate.

In these cases, ownership may be split between the spouse and other individuals. This can result in shared ownership of real estate, restricted access to funds, or forced sales of property.

What a Will Does Under Arkansas Law

A properly drafted Arkansas will allows you to:

  • Direct property to your spouse outright
  • Select an executor rather than relying on court appointment
  • Reduce uncertainty during probate
  • Minimize disputes among family members

A will does not avoid probate, but it often makes the process more efficient and predictable.

Common Reasons People Delay Creating a Will

Many Arkansas residents delay estate planning because they believe:

  • Their estate is too small
  • Their spouse can handle matters informally
  • Probate only affects complex estates

In practice, while there are streamlined probate proceedings under a certain threshold, probate administration applies to estates of all sizes, and intestate estates often require more court involvement than estates governed by a will.

Why This Matters

Without a will, Arkansas law controls how your property is distributed at your death, not you. That process can delay access to assets and create unnecessary legal and financial strain for surviving family members.

When to Talk to an Arkansas Estate Planning Attorney

You may want legal guidance if:

  • You want to reduce the risk of family conflict
  • You have children 
  • You want to control who inherits specific property

Contact RMP Law

RMP Law assists Arkansas families with estate planning tailored to their circumstances. If you have questions about wills or how Arkansas inheritance laws apply to your situation, contact RMP Law at 479-443-2705 or use our Message Us form.


Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

Message Us



RMP Business Law Attorney Arkansas

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