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HB1409

To Adopt The Uniform Community Property Disposition At Death Act.

Passed

Last Action (April 11, 2023): Notification that HB1409 is now Act 582

Sponsors

AI-Generated Summary

House Bill 1409 adopts the Uniform Community Property Disposition at Death Act in Arkansas, replacing existing statutes regarding the disposition of community property when a spouse passes away. The bill provides a standardized legal framework for determining the ownership and distribution of property acquired in jurisdictions that recognize community property laws. It establishes that one-half of applicable community property belongs to the surviving spouse and is not subject to disposition by the decedent, while the other half belongs to the decedent. The legislation outlines definitions, inclusion criteria for property, procedures for the partition or reclassification of property, and specific timelines for heirs or spouses to assert claims. It also provides protections for third parties who transact in good faith with spouses or personal representatives. Finally, it repeals the previous Arkansas code (Title 28, Chapter 12) governing similar subject matter.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are individuals moving to or living in Arkansas who have previously acquired assets in community property jurisdictions (such as California, Texas, or Washington). This bill provides these individuals and their families with greater legal clarity, predictability, and protection regarding the ownership and inheritance rights of their assets upon death. It also benefits legal practitioners and executors by providing a uniform, standardized set of rules for navigating complex cross-jurisdictional estate distributions.

Who Might Suffer?

Individuals or entities who expect to inherit property under Arkansas's existing, non-community property framework may be negatively impacted, as this bill explicitly allocates 50% of qualifying community property to a surviving spouse, potentially reducing the portion available for other heirs or beneficiaries of the decedent's estate. Additionally, parties involved in legal disputes over estate assets may face increased litigation complexities during the transition period as courts apply these new provisions, and some may face tighter statutory deadlines for asserting claims against an estate.

Vote Records

Third Reading

April 5, 2023
Yea: 26 Nay: 0 NV: 6 Absent: 3 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Yea
Linda Chesterfield Democrat Senate Yea
Jonathan Dismang Republican Senate Yea
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Absent
Kim Hammer Republican Senate Yea
Stephanie Flowers Democrat Senate Absent
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate NV
Jim Dotson Republican Senate NV
John Payton Republican Senate NV
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Absent
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate NV
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Yea
Clint Penzo Republican Senate NV
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Yea
Breanne Davis Republican Senate Yea
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate NV
Matt Stone Republican Senate Yea

Third Reading

March 16, 2023
Yea: 93 Nay: 0 NV: 7 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Yea
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House NV
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Deborah Ferguson Democrat House NV
Charlene Fite Republican House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Josh Miller Republican House NV
Richard Womack Republican House Yea
Jack Ladyman Republican House NV
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Lanny Fite Republican House Yea
Grant Hodges Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Milton Nicks Democrat House Yea
Marcus Richmond Republican House Yea
Vivian Flowers Democrat House Yea
Deann Vaught Republican House Yea
Karilyn Brown Republican House NV
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jack Fortner Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Danny Watson Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House Yea
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House Yea
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jamie Scott Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
Mark Berry Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Delia Haak Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
DeAnna Hodges Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House NV
Scott Richardson Republican House NV
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House Yea
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Read Full Bill on arkleg.state.ar.us