(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.
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