(a)
(1) The election to take against the will shall be:
(A) In writing, signed and acknowledged by the surviving spouse or by the guardian of his or her estate; and
(B) Filed in the office of the probate clerk of the circuit court.
(2) It shall be in substantially the following form:
(b) The clerk shall record the election in the will records. The personal representative shall, and any interested person may, file for record with the circuit clerk and recorder of each other county in this state in which the decedent, at the time of his or her death, owned an estate of inheritance in real property a duplicate original or certified copy of the election.
“I, A. B., surviving wife (or husband) of C. D., deceased, hereby renounce and disclaim any and all benefits under the will of C. D., and elect to take from the estate of C. D. only the property and benefits which (because of this election) will accrue to me under Section 33 of Act No. 140, approved February 23, 1949, as amended. DATED: , 20 . SIGNED: ” (ACKNOWLEDGMENT)
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Structure Arkansas Code
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
§ 28-39-401. Rights of surviving spouse — Limitations
§ 28-39-402. Notice to spouse of right to elect
§ 28-39-403. Spouse's time limitation for filing election
§ 28-39-404. Form of election — Filing
§ 28-39-405. Right of election personal to surviving spouse