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524.2-102 Share of the spouse.
The intestate share of a decedent's surviving spouse is:
(1) the entire intestate estate if: (i) no descendant of the decedent
survives the decedent; or (ii) all of the decedent's surviving descendants
are also descendants of the surviving spouse and there is no other
descendant of the surviving spouse who survives the decedent;
(2) the first $150,000, plus one-half of any balance of the intestate
estate, if all of the decedent's surviving descendants are also descendants
of the surviving spouse and the surviving spouse has one or more surviving
descendants who are not descendants of the decedent, or if one or more of
the decedent's surviving descendants are not descendants of the surviving
spouse.
524.2-103 Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to
the decedent's surviving spouse under section 524.2-102, or the entire
intestate estate if there is no surviving spouse, passes in the following
order to the individuals designated below who survive the decedent:
(1) to the decedent's descendants by representation;
(2) if there is no surviving descendant, to the decedent's parents equally
if both survive, or to the surviving parent;
(3) if there is no surviving
descendant or parent, to the descendants of the decedent's parents or either
of them by representation;
(4) if there is no surviving descendant, parent, or descendant of a parent,
but the decedent is survived by one or more grandparents or descendants of
grandparents, half of the estate passes to the decedent's paternal
grandparents equally if both survive, or to the surviving paternal
grandparent, or to the descendants of the decedent's paternal grandparents
or either of them if both are deceased, the descendants taking by
representation; and the other half passes to the decedent's maternal
relatives in the same manner; but if there is no surviving grandparent or
descendant of a grandparent on either the paternal or the maternal side, the
entire estate passes to the decedent's relatives on the other side in the
same manner as the half;
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(5) if there is no surviving descendant, parent,
descendant of a parent, grandparent, or descendant of a grandparent, to the
next of kin in equal degree, except that when there are two or more
collateral kindred in equal degree claiming through different ancestors,
those who claim through the nearest ancestor shall take to the exclusion of
those claiming through an ancestor more remote.
524.2-106 Representation.
(a) Application. If representation is called for by this article, paragraphs
(b) and (c) apply.
(b) Decedent's descendants. In the case of descendants of the decedent, the
estate is divided into as many shares as there are surviving children of the
decedent and deceased children who left descendants who survive the
decedent, each surviving child receiving one share and the share of each
deceased child being divided among its descendants in the same manner.
(c) Descendants of parents or grandparents. If, under section 524.2-103,
clause (3) or (4), a decedent's intestate estate or a part thereof passes by
"representation" to the descendants of the decedent's deceased parents or
either of them or to the descendants of the decedent's deceased paternal or
maternal grandparents or either of them, the estate or part thereof is
divided in the following manner:
(1) In the case of descendants of the decedent's deceased parents or either
of them, the estate or part thereof is divided into as many equal shares as
there are (i) surviving descendants in the generation nearest the deceased
parents or either of them, and (ii) deceased descendants in the same
generation who left surviving descendants, if any. Each surviving descendant
in the nearest generation is allocated one share, and the surviving
descendants of each deceased descendant in the same generation are allocated
one share, to be divided in the same manner as specified in paragraph (b).
(2) In the case of descendants of the decedent's deceased paternal or
maternal grandparents or either of them, the estate or part thereof is
divided into as many equal shares as there are surviving descendants in the
generation nearest the deceased grandparents or either of them that contains
one or more surviving descendants. Each surviving descendant in the nearest
generation is allocated one share.
524.2-107 Degree of kindred and kindred of half blood.
The degree of kindred shall be computed according to the rules of the civil
law. Relatives of the half blood inherit the same share they would inherit
if they were of the whole blood.
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