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14-2102. Intestate share of surviving spouse
The following part of the intestate estate, as to both separate property and
the one-half of community property that belongs to the decedent, passes to
the surviving spouse:
1. If there is no surviving issue or if there are surviving issue all of
whom are issue of the surviving spouse also, the entire intestate estate.
2. If there are surviving issue one or more of whom are not issue of the
surviving spouse, one-half of the intestate separate property and no
interest in the one-half of the community property that belonged to the
decedent.
14-2103. Heirs other than surviving spouse;
share in estate
Any part of the intestate estate not passing to the decedent's surviving
spouse under section 14-2102 or the entire intestate estate if there is no
surviving spouse passes in the following order to the following persons who
survive the decedent:
1. To the decedent's descendants by representation.
2. If there is no surviving descendant, to the decedent's parents equally if
both survive or to the surviving parent.
3. If there is no surviving descendant or parent, to the descendants of
the decedent's parents or either of them by representation.
4. If there is no surviving descendant, parent
or descendant of a parent, but the decedent is survived by one or more
grandparents or descendants of grandparents, half of the estate passes to
the decedent's paternal grandparents equally if both survive or to the
surviving paternal grandparent or the descendants of the decedent's paternal
grandparents or either of them if both are deceased with the descendants
taking by representation. The other half passes to the decedent's maternal
relatives in the same manner. If there is no surviving grandparent or
descendant of a grandparent on either the paternal or the maternal side, the
entire estate passes to the decedent's relatives on the other side in the
same manner as the half.
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14-2105. Unclaimed estate; passage to state
If no one is qualified to claim the estate under this article, the intestate
estate passes to the state.
14-2106. Passing of estate by representation;
assigning of shares; definitions
A. If under section 14-2103, paragraph 1 all or part of a decedent's
intestate estate passes by representation to the decedent's descendants,
that estate is divided into as many equal shares as there are surviving
descendants in the generation nearest to the decedent that contains one or
more surviving descendants and to deceased descendants in the same
generation who left any surviving descendants. Each surviving descendant in
the nearest generation is allocated one share.
Any remaining shares are combined and then
divided in the same manner among the surviving descendants of the deceased
descendants as if the surviving descendants who were allocated a share and
their surviving descendants had predeceased the decedent.
B. If under section 14-2103, paragraph 3 or 4
all or part of a decedent's intestate estate passes by representation to the
descendants of either of the decedent's deceased parents or to the
descendants of either of the decedent's deceased paternal or maternal
grandparents, all or part of the estate is divided into as many equal shares
as there are surviving descendants in the generation nearest the deceased
parents or either of them, or the deceased grandparents or either of them,
that contains one or more surviving descendants and to deceased descendants
in the same generation who left any surviving descendants. Each surviving
descendant in the nearest generation is allocated one share. Any remaining
shares are combined and then divided in the same manner among the surviving
descendants of the deceased descendants as if the surviving descendants who
were allocated a share and their surviving descendants had predeceased the
decedent.
C. For the purposes of this section:
1. "Deceased descendant", "deceased parent" or "deceased grandparent" means
a descendant, parent or grandparent who either predeceased the decedent or
is deemed to have predeceased the decedent under section 14-2104.
2. "Surviving descendant" means a descendant who neither predeceased the
decedent nor is deemed to have predeceased the decedent under section
14-2104.
14-2107. Kindred by half blood; right of inheritance
Relatives of the half blood inherit the same share they would inherit if
they were of the whole blood.
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