40.0202 Succession to real property.

Cite as [A.S.C.A. § 40.0202]

When any person having any title to any real property dies without disposing of such real property by will, it shall be succeeded to and must be distributed, subject to the payment of debts and the rights of dower, in the following manner:

(a) All real property shall lineally descend forever, to the issue of the decedent, but shall not lineally ascend, except as set forth in subsection (c).

(b) On failure of lineal descendants, the brothers and sisters of the decedent, or their issue, shall succeed to the real property.

(c) When the decedent has left no issue capable of inheriting, nor brothers, nor sisters, nor issue of such, the real estate shall vest in the father if living, and if not, in the mother, if living.

(d) When any person dies leaving none who can claim as heir, the surviving spouse shall inherit the estate.

History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.