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§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.
(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;
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(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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