Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Arkansas law, a surviving spouse may receive a family allowance to support household needs during estate administration. Arkansas Code § 28-24-101 establishes this right and allows a court to set an allowance based on factors such as the estate’s size and the family’s needs. To qualify, the spouse must prove the legal marriage.
The court typically requires a certified copy of the marriage certificate as evidence. If the certificate is incomplete or missing, the court may delay or deny the allowance until it confirms marital status. Without proof, the court cannot recognize the claimant as a “surviving spouse” and may classify the claim as unsecured.
Arkansas does not recognize common-law marriages formed after 1937. If no official record exists, parties must rely on statutory procedures to establish the marriage for probate purposes.
Remedying a Missing or Incomplete Certificate
To address a missing or incomplete marriage certificate, a surviving spouse can:
- Order a certified duplicate or corrected certificate from the Arkansas Department of Health under Arkansas Code § 20-18-304.
- File a judicial petition in the county where the marriage took place to establish or correct the record.
- Gather alternative evidence—such as affidavits from family or clergy, hospital or church records, photographs, and joint financial documents.
After securing a certified record or sufficient secondary evidence, the surviving spouse may refile or supplement the allowance petition. The court will review the new evidence and determine eligibility. Acting promptly reduces delays and helps ensure financial support pending estate administration.
Helpful Hints
- Request a duplicate certificate early. County processing times vary.
- Collect all available proof of marriage—such as wedding invitations, joint tax filings, and insurance policies.
- Note Arkansas filing deadlines for family allowance. Missing deadlines can forfeit your claim.
- Consider filing a motion to correct a vital record if the state cannot locate your certificate.
- Work with a probate attorney to navigate court procedures and evidence requirements.