(a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:(1) the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or(2) the decedent that takes effect at the death of the decedent.(b) In determining a right under subsection (a) and corresponding remedy, the court:(1) shall apply equitable principles; and(2) may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.Added by Act 2023, No. 582,§ 1, eff. 8/1/2023. (a) At the death of a community-property spouse, the surviving community-property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:(1) the surviving community-property spouse or decedent during the marriage or other relationship under which community property then could be acquired; or(2) the decedent that takes effect at the death of the decedent.(b) In determining a right under subsection (a) and corresponding remedy, the court:(1) shall apply equitable principles; and(2) may consider the community property law of the jurisdiction where the decedent or surviving community-property spouse was domiciled when property was acquired or enhanced.Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.
Arkansas Legal Code