# Ark. Code Ann. § 28-9-206: Interests transmissible by inheritance > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-206 ## Section - **Citation:** Ark. Code Ann. § 28-9-206 - **Heading:** Interests transmissible by inheritance - **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 28-9-206 ## Text (a) Heirs may inherit every right, title, and interest not terminated by the intestate's death in real or personal property owned by an intestate at the time of the intestate's death and not disposed of by will. (b) The rights of heirs will be subject to: (1) The dower or curtesy of the intestate's surviving spouse; (2) The homestead rights of the surviving spouse and children of the intestate, including the quarantine rights of the surviving spouse; (3) All statutory rights and allowances to the surviving spouse and minor children; (4) Any rights of a surviving spouse in respect to income tax refunds made pursuant to a joint federal income tax return; and (5) An administration of the estate, if any. (c) The portion of the intestate's estate which may pass by inheritance, after giving effect to subsection (b) of this section and to any partial testamentary disposition, is hereinafter sometimes called the "heritable estate" of the intestate. (d) In this connection it is declared that subject to the conditions set out above, the intestate's entire right and title in respect to any and all reversionary and remainder interests, rights of reentry or forfeiture for condition broken, executory interests, and possibilities of reverter, whether any of such interests are vested or contingent, shall be transmissible by inheritance and will pass to the intestate's heirs determined as of the time of the intestate's death. (e) An intestate may transmit his or her title to real or personal property by inheritance even though: (1) The intestate is not in actual or constructive possession thereof; and (2) There may be adverse possession thereof. Acts 1969, No. 303, §§ 7, 8; A.S.A. 1947, §§ 61-137, 61-138. (a) Heirs may inherit every right, title, and interest not terminated by the intestate's death in real or personal property owned by an intestate at the time of the intestate's death and not disposed of by will. (b) The rights of heirs will be subject to: (1) The dower or curtesy of the intestate's surviving spouse; (2) The homestead rights of the surviving spouse and children of the intestate, including the quarantine rights of the surviving spouse; (3) All statutory rights and allowances to the surviving spouse and minor children; (4) Any rights of a surviving spouse in respect to income tax refunds made pursuant to a joint federal income tax return; and (5) An administration of the estate, if any. (1) The dower or curtesy of the intestate's surviving spouse; (2) The homestead rights of the surviving spouse and children of the intestate, including the quarantine rights of the surviving spouse; (3) All statutory rights and allowances to the surviving spouse and minor children; (4) Any rights of a surviving spouse in respect to income tax refunds made pursuant to a joint federal income tax return; and (5) An administration of the estate, if any. (c) The portion of the intestate's estate which may pass by inheritance, after giving effect to subsection (b) of this section and to any partial testamentary disposition, is hereinafter sometimes called the "heritable estate" of the intestate. (d) In this connection it is declared that subject to the conditions set out above, the intestate's entire right and title in respect to any and all reversionary and remainder interests, rights of reentry or forfeiture for condition broken, executory interests, and possibilities of reverter, whether any of such interests are vested or contingent, shall be transmissible by inheritance and will pass to the intestate's heirs determined as of the time of the intestate's death. above, the intestate's entire right and title in respect to any and all reversionary and remainder interests, rights of reentry or forfeiture for condition broken, executory interests, and possibilities of reverter, whether any of such interests are vested or contingent, shall be transmissible by inheritance and will pass to the intestate's heirs determined as of the time of the intestate's death. (e) An intestate may transmit his or her title to real or personal property by inheritance even though: (1) The intestate is not in actual or constructive possession thereof; and (2) There may be adverse possession thereof. (1) The intestate is not in actual or constructive possession thereof; and (2) There may be adverse possession thereof. Acts 1969, No. 303, §§ 7, 8; A.S.A. 1947, §§ 61-137, 61-138. ## 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) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T28_C9_S2_S28-9-206. Check the current official text before relying on it. Not legal advice.