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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
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(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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