15-2-101. INTESTATE ESTATE.
Any part of the estate of a decedent not effectively disposed of by his will
passes to his heirs as prescribed in the following sections of this code.
15-2-102. SHARE OF THE SPOUSE.
The intestate share of the surviving spouse is as follows:
(a) As to separate property:
(1) If there is no surviving issue or parent of the decedent, the entire
intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or
parents, one-half (1/2) of the intestate estate;
(3) If there are surviving issue of the deceased spouse, one-half (1/2) of the
intestate estate.
(b) As to community property:
(1) The one-half (1/2) of community property which belongs to the decedent
passes to the surviving spouse.
15-2-103. SHARE OF HEIRS OTHER THAN SURVIVING SPOUSE.
The part of the intestate estate not passing to the surviving spouse under
section 15-2-102 of this part, or the entire intestate estate if there is no
surviving spouse, passes as follows:
(a) To the issue of the decedent; if they are all of the same degree of kinship
to the decedent they take equally, but if of unequal degree, then those of more
remote degree take by representation;
(b) If there is no surviving issue, to his parent or parents equally;
(c) If there is no surviving issue or parent, to the issue of the parents or
either of them by representation;
(d) If there is no surviving issue, parent or issue of a parent, but the
decedent is survived by one (1) or more grandparents or issue of grandparents,
half of the estate passes to the paternal grandparents if both survive, or to
the surviving paternal grandparent, or to the issue of the paternal grandparents
if both are deceased, the issue taking equally if they are all of the same
degree of kinship to the decedent, but if of unequal degree those of more remote
degree take by representation; and the other half passes to the maternal
relatives in the same manner; but if there be no surviving grandparent or issue
of grandparents on either the paternal or the maternal side, the entire estate
passes to the relatives on the other side in the same manner as the half.
15-2-106. REPRESENTATION.
If representation is called for by this code, the estate is divided into as many
shares as there are surviving heirs in the nearest degree of kinship and
deceased persons in the same degree who left issue who survive the decedent,
each surviving heir in the nearest degree receiving one (1) share and the share
of each deceased person in the same degree being divided among his issue in the
same manner.
15-2-107. KINDRED OF HALF BLOOD.
Relatives of the half blood inherit the same share they would inherit if they
were of the whole blood.
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