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15-11-102. Share of spouse.
The various possible circumstances describing the decedent, his or her
surviving spouse, and their surviving descendants, if any, are set forth in
this section to be utilized in determining the intestate share of the
decedent's surviving spouse. If more than one circumstance is applicable,
the circumstance that produces the largest share for the surviving spouse
shall be applied.
(1) If:
(a) No descendant or parent of the decedent survives the decedent, then the
surviving spouse receives the entire intestate estate; or
(b) All of the decedent's surviving descendants are also descendants of
the surviving spouse and there are no other descendants of the surviving
spouse who survive the decedent, then the surviving spouse receives the
entire intestate estate;
(2) If no descendant of the decedent survives the decedent, but a parent of
the decedent survives the decedent, then the surviving spouse receives the
first two hundred thousand dollars, plus three-fourths of any balance of the
intestate estate;
(3) If all of the decedent's surviving descendants are also descendants of
the surviving spouse, and the surviving spouse has one or more surviving
descendants who are not descendants of the decedent, then the surviving
spouse receives the first one hundred fifty thousand dollars, plus one-half
of any balance of the intestate estate;
(4) If one or more of the decedent's surviving descendants are not
descendants of the decedent's surviving spouse, and all of such surviving
descendants who are children of the decedent are adults, then the surviving
spouse receives the first one hundred thousand dollars, plus one-half of any
balance of the intestate estate;
(5) If one or more of the decedent's surviving descendants are not
descendants of the decedent's surviving spouse, and if one or more of such
descendants who are children of the decedent are minors, then the surviving
spouse receives one-half of the intestate estate.
15-11-103. Share of heirs other than
surviving spouse.
Any part of the intestate estate not passing to the decedent's surviving
spouse under section 15-11-102, or the entire intestate estate if there is
no surviving spouse, passes in the following order to the individuals
designated who survive the decedent:
(1) To the decedent's descendants per capita at each generation;
(2) If there is no surviving descendant, to the decedent's parents equally
if both survive, or to the decedent's surviving parent;
(3) If there is no surviving descendant or
surviving parent, to the surviving descendants of the decedent's parents or
either of them per capita at each generation;
(4) If there is no surviving descendant,
surviving parent, or surviving descendant of a parent, to the decedent's
surviving grandparents, or any of them, in equal shares;
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(5) If there is no surviving descendant, surviving parent, surviving
descendant of a parent, or surviving grandparent, to the surviving
descendants of the decedent's grandparents per capita at each generation;
(6) If there is no surviving heir under
subsections (1) to (5) of this section, and if a birth child or birth
children file a claim for inheritance with the court having probate
jurisdiction for the decedent's estate within ninety days of decedent's
death, to the decedent's surviving birth child or children per capita at
each generation. For purposes of this subsection (6), the term "birth child"
means a child who was born to, but adopted away from, his or her natural
parent.
(7) If there is no surviving heir or birth child
under subsections (1) to (6) of this section, and if a birth parent or birth
parents file a claim for inheritance with the court having probate
jurisdiction for the decedent's estate within ninety days of decedent's
death, to the decedent's birth parents equally if both survive, or to the
surviving birth parent. For purposes of this subsection (7), the term "birth
parent" means the natural parent of a child who was born to, but adopted
away from, the natural parent.
15-11-106. Per capita at each generation.
(1) Definitions. As used in this section, unless the context otherwise
requires:
(a) "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
15-11-104.
(b) "Surviving descendant" means a descendant who neither predeceased the
decedent nor is deemed to have predeceased the decedent under section
15-11-104.
(2) Decedent's descendants. If, under section 15-11-103 (1), a decedent's
intestate estate or a part thereof passes "per capita at each generation" to
the decedent's descendants, the estate or part thereof is divided into as
many equal shares as there are
(i) surviving descendants in the generation nearest to the decedent which
contains one or more surviving descendants and
(ii) deceased descendants in the same generation who left surviving
descendants, if any. Each surviving descendant in the nearest generation is
allocated one share. The remaining shares, if any, are combined and then
divided in the same manner among the surviving descendants of the deceased
descendants as if the surviving descendants who are allocated a share and
their surviving descendants had predeceased the decedent.
(3) Descendants of parents or grandparents. If, under section 15-11-103 (3)
or (5), a decedent's intestate estate or a part thereof passes "per capita
at each generation" to the descendants of the decedent's deceased parents or
either of them, or to the descendants of the decedent's deceased
grandparents or any of them, the estate or part thereof is divided into as
many equal shares as there are
(i) surviving descendants in the generation nearest to the deceased parents
or either of them, or the deceased grandparents or any of them, that
contains one or more surviving descendants and
(ii) deceased descendants in the same generation who left surviving
descendants, if any.
Each surviving descendant in the nearest generation is allocated one share.
The remaining shares, if any, 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.
15-11-107. Kindred of half blood.
Relatives of half blood inherit the same share they would inherit if they
were of whole blood.
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