§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.
§2-102. Share of spouse or registered domestic partner
The intestate share of the surviving spouse or surviving registered domestic
partner is:
(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, the first $50,000, plus 1/2 of the balance of the intestate estate;
(3) If there are surviving issue all of whom are issue of the surviving spouse
or surviving registered domestic partner also, the first $50,000, plus 1/2 of
the balance of the intestate estate; or
(4) If there are surviving issue one or more of whom are not issue of the
surviving spouse or surviving registered domestic partner, 1/2 of the intestate
estate.
§2-103. Share of heirs other than surviving spouse or surviving registered
domestic partner
The part of the intestate estate not passing to the surviving spouse or
surviving registered domestic partner under section 2-102, or the entire estate
if there is no surviving spouse or surviving registered domestic partner, passes
as follows:
(1) To the issue of the decedent; to be distributed per capita at each
generation as defined in section 2-106;
(2) If there is no surviving issue, to the decedent's parent or parents equally;
(3) If there is no surviving issue or parent, to the issue of the parents or
either of them to be distributed per capita at each generation as defined in
section 2-106;
(4) If there is no surviving issue, parent or issue of a parent, but the
decedent is survived by one 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 to be distributed per capita at each generation as defined in
section 2-106; and the other half passes to the maternal relatives in the same
manner; but if there is no surviving grandparent or issue of grandparents on
either the paternal or maternal side, the entire estate passes to the relatives
on the other side in the same manner as the half; or
(5) If there is no surviving issue, parent or issue of a parent, grandparent or
issue of a grandparent, but the decedent is survived by one or more
great-grandparents or issue of great-grandparents, half of the estate passes to
the paternal great-grandparents who survive, or to the issue of the paternal
great-grandparents if all are deceased, to be distributed per capita at each
generation as defined in section 2-106; and the other half passes to the
maternal relatives in the same manner; but if there is no surviving
great-grandparent or issue of a great-grandparent on either the paternal or
maternal side, the entire estate passes to the relatives on the other side in
the same manner as the half.
§2-105. No taker
If there is no taker under the provisions of this Article, the intestate estate
passes to the State.
§2-106. Per capita at each generation
If per capita at each generation 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 which contains any surviving heirs and deceased
persons in the same degree who left issue who survived the decedent.
Each surviving heir in the nearest of degree which contains any surviving heir
is allocated one share and the remainder of the estate is divided in the same
manner as if the heirs already allocated a share and their issue had predeceased
the decedent.
§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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