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53-2-1.
(a) For purposes of this Code section:
(1) Children of the decedent who are born after the decedent's death are
considered children in being at the decedent´s death, provided they were
conceived prior to the decedent's death, were born within ten months of the
decedent's death, and survived 120 hours or more after birth; and
(2) The half-blood, whether on the maternal or paternal side, are considered
equally with the whole-blood, so that the children of any common parent are
treated as brothers and sisters to each other.
(b) When a decedent died without a will, the following rules shall determine
such decedent´s heirs:
(1) Upon the death of an individual who is
survived by a spouse but not by any child or other descendant, the spouse is
the sole heir. If the decedent is also survived by any child or other
descendant, the spouse shall share equally with the children, with the
descendants of any deceased child taking that child's share, per stirpes;
provided, however, that the spouse's portion shall not be less than a
one-third share;
(2) If the decedent is not survived by a spouse, the heirs shall be those
relatives, as provided in this Code section, who are in the nearest degree
to the decedent in which there is any survivor;
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(3) Children of the decedent are in the first
degree, and those who survive the decedent shall share the estate equally,
with the descendants of any deceased child taking, per stirpes, the share
that child would have taken if in life;
(4) Parents of the decedent are in the second
degree, and those who survive the decedent shall share the estate equally;
(5) Siblings of the decedent are in the third
degree, and those who survive the decedent shall share the estate equally,
with the descendants of any deceased sibling taking, per stirpes, the share
that sibling would have taken if in life; provided, however, that, subject
to the provisions of paragraph (1) of subsection (f) of Code Section
53-1-20, if no sibling survives the decedent, the nieces and nephews who
survive the decedent shall take the estate in equal shares, with the
descendants of any deceased niece or nephew taking, per stirpes, the share
that niece or nephew would have taken if in life;
(6) Grandparents of the decedent are in the
fourth degree, and those who survive the decedent shall share the estate
equally;
(7) Uncles and aunts of the decedent are in the fifth degree, and those who
survive the decedent shall share the estate equally, with the children of
any deceased uncle or aunt taking, per stirpes, the share that uncle or aunt
would have taken if in life; provided, however, that, subject to the
provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no
uncle or aunt of the decedent survives the decedent, the first cousins who
survive the decedent shall share the estate equally; and
(8) The more remote degrees of kinship shall be determined by counting the
number of steps in the chain from the relative to the closest common
ancestor of the relative and decedent and the number of steps in the chain
from the common ancestor to the decedent. The sum of the steps in the two
chains shall be the degree of kinship, and the surviving relatives with the
lowest sum shall be in the nearest degree and shall share the estate
equally.
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