# Ark. Code Ann. § 28-9-203: Intestate succession generally

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-203

## Section

- **Citation:** Ark. Code Ann. § 28-9-203
- **Heading:** Intestate succession generally
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 28 / Chapter 9 / Subchapter 2 / Section 28-9-203

## Text

(a) Any part of the estate of a decedent not effectively disposed of by his or her will shall pass to his or her heirs as prescribed in the following sections. (b) In this connection, the terms "heir" and "heirs", as used in this subchapter, are intended to designate the person or persons who succeed by inheritance to the ownership of real or personal property in respect to which a person dies intestate. (c) (1) Real estate passes immediately to the heirs upon the death of the intestate, subject to the right of the personal representative under the Probate Code to mortgage, lease, exchange, sell, or possess it for the payment of claims or legacies, the preservation or protection of the assets of the estate, the distribution of the estate, or any other purpose in the best interest of the estate. (2) However, personalty will pass to the personal representative, if any, for distribution to the heirs unless otherwise disposed of as permitted by the Probate Code. Acts 1969, No. 303, § 1; 1973, No. 33, § 1; A.S.A. 1947, § 61-131.

(a) Any part of the estate of a decedent not effectively disposed of by his or her will shall pass to his or her heirs as prescribed in the following sections.

(b) In this connection, the terms "heir" and "heirs", as used in this subchapter, are intended to designate the person or persons who succeed by inheritance to the ownership of real or personal property in respect to which a person dies intestate.

(c) (1) Real estate passes immediately to the heirs upon the death of the intestate, subject to the right of the personal representative under the Probate Code to mortgage, lease, exchange, sell, or possess it for the payment of claims or legacies, the preservation or protection of the assets of the estate, the distribution of the estate, or any other purpose in the best interest of the estate. (2) However, personalty will pass to the personal representative, if any, for distribution to the heirs unless otherwise disposed of as permitted by the Probate Code.

(1) Real estate passes immediately to the heirs upon the death of the intestate, subject to the right of the personal representative under the Probate Code to mortgage, lease, exchange, sell, or possess it for the payment of claims or legacies, the preservation or protection of the assets of the estate, the distribution of the estate, or any other purpose in the best interest of the estate.

(2) However, personalty will pass to the personal representative, if any, for distribution to the heirs unless otherwise disposed of as permitted by the Probate Code.

Acts 1969, No. 303, § 1; 1973, No. 33, § 1; A.S.A. 1947, § 61-131.

## Nearby sections

- [Ark. Code Ann. § 28-9-201 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-201.md)
- [Ark. Code Ann. § 28-9-202 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-202.md)
- [Ark. Code Ann. § 28-9-203 Intestate succession generally](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-203.md)
- [Ark. Code Ann. § 28-9-204 Per capita distribution](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-204.md)
- [Ark. Code Ann. § 28-9-205 Per stirpes distribution](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-205.md)
- [Ark. Code Ann. § 28-9-206 Interests transmissible by inheritance](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-206.md)
- [Ark. Code Ann. § 28-9-207 Heirs as tenants in common](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-207.md)
- [Ark. Code Ann. § 28-9-208 Male not preferred over female](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-208.md)
- [Ark. Code Ann. § 28-9-209 Legitimacy of child - Effect](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-209.md)
- [Ark. Code Ann. § 28-9-210 Posthumous heirs](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-210.md)
- [Ark. Code Ann. § 28-9-211 Alienage](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-211.md)
- [Ark. Code Ann. § 28-9-212 Computing degrees of consanguinity](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-212.md)
- [Ark. Code Ann. § 28-9-213 Kinsmen of the half blood](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-213.md)
- [Ark. Code Ann. § 28-9-214 Tables of descents](https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-214.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-203. Check the current official text before relying on it. Not legal advice.