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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:
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(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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