391.010 Descent of real estate.
When a person having right or title to any real estate of inheritance dies
intestate as to such estate, it shall descend in common to his kindred, male and
female, in the following order, except as otherwise provided in this chapter:
(1) To his children and their descendants; if there are none, then
(2) To his father and mother, if both are living, one (1) moiety each; but if
the father is dead, the mother, if living, shall take the whole estate; if the
mother is dead, the whole estate shall pass to the father; if there is no father
or mother, then
(3) To his brothers and sisters and their descendants; if there are none, then
(4) To the husband or wife of the intestate; if there are none surviving, then
(5) One (1) moiety of the estate shall pass to the paternal and the other to the
maternal kindred, in the following order: (a) The grandfather and grandmother
equally, if both are living; but if one is dead, the entire moiety shall go to
the survivor; if there is no grandfather or grandmother, then (b) To the uncles
and aunts and their descendants; if there are none, then (c) To the
great-grandfathers and great-grandmothers, in the same manner prescribed for
grandfather and grandmother by subsection (a); if there are none, then (d) To
the brothers and sisters of the grandfathers and grandmothers and their
descendants; and so on in other cases without end, passing to the nearest lineal
ancestors and their descendants.
(6) If there is no such kindred to one of the parents as is described in
subsection (5), the whole to go to the kindred of the other. If there is neither
paternal nor maternal kindred, the whole shall go to the kindred of the husband
or wife, as if he or she had survived the intestate and died entitled to the
estate.
391.020 Descent of real estate acquired from parent.
(1) When a person dies intestate and without issue, owning real estate of
inheritance which is the gift of either of his parents, the parent who made the
gift, if living, shall inherit the whole of such estate.
391.030 Descent of personal property -Exemption for surviving spouse and
children -Withdrawal of money from bank by surviving spouse.
(1) Except as otherwise provided in this chapter, where any person dies
intestate as to his or her personal estate, or any part thereof, the surplus,
after payment of funeral expenses, charges of administration, and debts, shall
pass and be distributed among the same persons, and in the proportions, to whom
and in which real estate is directed to descend, except as follows: (a) The
personal estate of an infant shall be distributed as if he or she had died after
full age; (b) An alien may be distributee as though he or she were a citizen;
and (c) Personal property or money on hand or in a bank or other depository to
the amount of fifteen thousand dollars ($15,000) shall be exempt from
distribution and sale and shall be set apart by the District Court having
jurisdiction over the estate on application to the surviving spouse, or, if
there is no surviving spouse, to the surviving children.
(2) The surviving spouse may, at any time before the property or money is set
apart by the court, procure on petition from the Judge of the District Court
having jurisdiction over administration of the estate, an order authorizing the
surviving spouse to withdraw from any bank or other depository not exceeding one
thousand dollars ($1,000) belonging to the estate of the deceased. Upon
presentation of the order, the bank or depository shall permit the surviving
spouse to withdraw the sum and shall lodge the order, endorsing thereon the
amount withdrawn, with the circuit clerk who shall retain it in his or her files
to be considered in connection with further proceedings in the estate and the
withdrawal shall be treated as a charge against the property of the estate
exempt from distribution.
(3) In the application for the setting apart of property or money under
subsection (1) of this section, the surviving spouse or, if there is no
surviving spouse, the surviving children may make their selection out of the
personal property of the estate to the extent that the value of the property
selected does not exceed the amount of fifteen thousand dollars ($15,000).
(4) The exemption provided in this section applies where the husband or wife
dies testate.
391.040 Descendants of distributees take per stirpes.
When any or all of a class first entitled to inherit
are dead, leaving descendants, such descendants shall take per stirpes the share
of their respective deceased parents.
392.020 Surviving spouse's interest in property of deceased spouse -- "Dower"
and "curtesy" defined.
After the death of the husband or wife intestate, the survivor shall have an
estate in fee of one-half (1/2) of the surplus real estate of which the other
spouse or anyone for the use of the other spouse, was seized of an estate in fee
simple at the time of death, and shall have an estate for his or her life in
one-third (1/3) of any real estate of which the other spouse or anyone for the
use of the other spouse, was seized of an estate in fee simple during the
coverture but not at the time of death, unless the survivor's right to such
interest has been barred, forfeited or relinquished. The survivor shall also
have an absolute estate in one half (1/2) of the surplus personalty left by the
decedent. Unless the context otherwise requires, any reference in the statutes
of this state to "dower" or "curtesy" shall be deemed to refer to the surviving
spouse's interest created by this section.
393.020 Property subject to escheat.
If any property having a situs in this state has
been devised or bequeathed to any person and is not claimed by that person or by
his heirs, distributees, or devisees within three (3)years after the death of
the testator, or if the owner of any property having a situs in this state dies
without heirs or distributees entitled to it and without disposing of it by
will, it shall vest in the state, subject to all legal and equitable demands.
Any property abandoned by the owner, except a perfect title to a corporeal
hereditament, shall vest in the state, subject to all legal and equitable
demands. Any property that vests in the state under this section shall be
liquidated, and the proceeds, less costs, fees, and expenses incidental to all
legal proceedings of the liquidation shall be paid to the department.
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