Arkansas Benefits After Spouse Dies

The first financial shock after losing a spouse is usually the realization of how much was running through their account or under their name. Joint accounts get frozen. A direct deposit that covered half the mortgage stops. An insurance card gets declined. And somewhere in the mail, a notice arrives from an agency you have never heard of.

Arkansas law provides meaningful financial protections for surviving spouses — but almost none of them activate without action on your part. Here is what you are entitled to, and what you need to do to claim it.

The Statutory Allowances: Your Fastest Protections

Arkansas Code § 28-39-101 gives the surviving spouse three immediate financial protections that exist entirely outside the will, outside probate, and ahead of most creditors. These are called statutory allowances, and they vest the moment your spouse dies.

The personal property allowance entitles you to $4,000 worth of personal property from the estate, valued against other distributees — meaning people who stand to inherit. If you are claiming this allowance specifically against estate creditors rather than other heirs, the amount is $2,000. Either way, this money or property is yours by right, not by the will.

The household goods allowance transfers all furniture and goods necessary for continuing to occupy the family dwelling directly to the surviving spouse. If you were living in the marital home, the contents of that home belong to you regardless of what any will says.

The sustenance allowance allows the estate to disburse up to $1,000 to the family during the first two months following the death to cover basic living expenses. This is specifically designed to provide cash flow while the estate is frozen and accounts are being sorted out.

None of these allowances appear in your bank account automatically. You must petition the probate court to formally assign them. Do this early — these allowances bypass creditor freezes and give you immediate access to funds during a period when everything else may be tied up.

Surviving Spouse Rights Under Arkansas Property Law

Arkansas retains two legal doctrines — dower and curtesy — that affect how property passes when a spouse dies. These are old concepts that most states have abolished, and they create complications that generic estate advice will not warn you about.

If your spouse died intestate (without a will) and had children, you do not automatically inherit the entire estate. Arkansas law grants the surviving spouse a one-third life estate in the decedent's real property and a one-third absolute interest in personal property. If there are no children, the surviving spouse receives one-half of the real estate in fee simple and half of the personal estate.

The practical implication: in blended families where the deceased had children from a prior relationship, the surviving spouse may discover they own only a life estate in a fraction of the marital home — with the children of the first marriage holding the remainder interest. Selling or refinancing the property requires their cooperation. If this situation describes your family, consult a probate attorney before taking any action regarding real estate.

Pension Survivor Benefits for Surviving Spouses

If your spouse worked for the state, a county, a city, a school district, or another participating public employer in Arkansas, their pension continues in some form to you — but only if you file the claim.

APERS (Arkansas Public Employees Retirement System) covers state agency workers, county employees, and municipal workers. The surviving spouse qualifies for an ongoing monthly annuity if you were married to the member for at least six continuous months before the date of death. Call APERS at 501-682-7800 to report the death. The system will send an eligibility questionnaire. Survivor benefits begin on the first day of the calendar month following the month of death.

If the member had 10 or more years of actual credited service, APERS also pays a non-taxable lump-sum death benefit ranging from $6,667 to $10,000. This goes to the named beneficiary on file — verify that designation is current before assuming you are the recipient.

ATRS (Arkansas Teacher Retirement System) covers public school teachers. The surviving spouse must have been married to the teacher for at least one full year prior to the date of death. If the member had 28 or more years of service or had reached age 60, you receive immediate survivor benefits. Otherwise, you are entitled to deferred benefits beginning when the member would have turned 60. The ATRS lump-sum death benefit also ranges from $6,667 to $10,000 for members with 10 or more years of service.

The critical ATRS deadline: if you file the Survivor Application within six months of the death, ATRS pays retroactively to the month after death. File after that window and payments only begin from the date your application is received. This can represent a significant amount of money depending on the monthly benefit.

For public safety officers — municipal police and firefighters covered by LOPFI, and state troopers covered by ASPRS — see the dedicated post on police and fire retirement survivor benefits.

Health Insurance Continuation for Surviving Spouses

Arkansas's health insurance continuation rules differ sharply from what most national resources describe, and the difference costs surviving spouses their coverage every year.

Federal COBRA provides up to 36 months of continuation coverage — but only applies to employers with 20 or more employees. For smaller employers, Arkansas Mini-COBRA (A.C.A. § 23-86-114) applies instead, with two critical differences: the maximum continuation period is only 120 days, and the election window is only 10 days from receiving the termination notice from the employer. Miss that 10-day window and you permanently forfeit the right to continuation coverage — even if you would have been eligible.

Contact the HR department of your spouse's former employer immediately to find out which law applies. If the employer had fewer than 20 employees, clock starts the day you receive the termination notice, not the day of death.

If your spouse was covered under a state employee ARBenefits plan, contact the Arkansas Employee Benefits Division to elect Surviving Spouse Coverage Continuation. This election is final — once you make it, you cannot reverse it, and once you decline it, it is gone.

Property Tax Protections for Surviving Spouses

Two property tax benefits are available to surviving spouses in Arkansas, and both require annual proactive filing to maintain.

The Amendment 79 Homestead Credit provides up to $600 in annual property tax relief. After your spouse's death, you must re-file the homestead credit application at the county assessor's office in your own name by October 15. The credit does not transfer automatically.

The 100% Disabled Veteran (DAV) property tax exemption is available if your spouse was a 100% service-connected disabled veteran or suffered the loss of a limb or eyesight in service. As the surviving spouse, you inherit a complete exemption from state homestead and personal property taxes — as long as you remain unmarried. To maintain this exemption, you must submit the VA Summary of Benefits letter to the county assessor by October 15 every single year. One missed filing means a full property tax bill the following year. Remarriage permanently eliminates the exemption.

If your spouse was over 65, their property assessment may have been frozen against future millage increases. Contact the county assessor to confirm whether that protection carries over to your ownership.

Workers' Compensation Benefits for Widows and Widowers

If your spouse's death was work-related, you are entitled to an ongoing weekly benefit equal to 35% of their average pre-injury weekly wage. In 2026, this is capped at $953 per week (85% of the state Average Weekly Wage of $1,120.68). These payments continue until your death or remarriage. If you remarry, the payments stop and you receive a lump-sum final payment equal to two years of benefits.

You are also entitled to up to $6,000 reimbursement of actual funeral expenses, paid directly to you or the funeral home.

To receive these benefits, you must file a formal claim with the Arkansas Workers' Compensation Commission — the employer's filing of the death report does not do this for you. The statute of limitations is two years from the date of death.

State Assistance If Income Drops Sharply

If the loss of your spouse's income creates immediate hardship, a single application at Access.Arkansas.gov covers SNAP food assistance, Transitional Employment Assistance (TEA) cash benefits, and ARHOME Medicaid health coverage. These programs have no waiting period for applications and are designed to provide a bridge while longer-term benefits are processed.

Putting It Together

The statutory allowances provide immediate cash and property access. The pension survivor annuity provides ongoing monthly income. Property tax protections reduce your cost of staying in the home. Health insurance continuation buys time to find permanent coverage. Workers' compensation (if applicable) replaces a portion of lost wages.

None of these arrive without action on your part. The Arkansas Survivor Benefits Navigator walks through each benefit category in sequence — with the forms, deadlines, and eligibility criteria specific to Arkansas law — so you can claim what you are owed without missing a window.

See more Arkansas guides →