Statutes > Arkansas Statutes > Title 28 - Wills, Estates, and Fiduciary Relationships > Subtitle 4 - Administration Of Decedents' Estates > Chapter 39 - Rights Of Surviving Family Members > Subchapter 4 - Taking Against the Will > § 28-39-405 - Right of election personal to surviving spouse.

§ 28-39-405 - Right of election personal to surviving spouse.

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 of the estate of an incompetent surviving spouse, when authorized by the court having jurisdiction over the estate of the ward, may elect to take against the will in the ward's behalf.