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474.010. General rules of descent.
All property as to which any decedent dies
intestate shall descend and be distributed, subject to the payment of
claims, as follows:
(1) The surviving spouse shall receive:
(a) The entire intestate estate if there is no surviving issue of the
decedent;
(b) The first twenty thousand dollars in value of the intestate estate, plus
one-half of the balance of the intestate estate, if there are surviving
issue, all of whom are also issue of the surviving spouse;
(c) One-half of the intestate estate if there are surviving issue, one or
more of whom are not issue of the surviving spouse;
(2) The part not distributable to the surviving
spouse, or the entire intestate property, if there is no surviving spouse,
shall descend and be distributed as follows:
(a) To the decedent's children, or their descendants, in equal parts;
(b) If there are no children, or their descendants, then to the decedent's
father, mother, brothers and sisters or their descendants in equal parts;
(c) If there are no children, or their descendants, father, mother, brother
or sister, or their descendants, then to the grandfathers, grandmothers,
uncles and aunts or their descendants in equal parts;
(d) If there are no children or their descendants, father, mother, brother,
sister, or their descendants, grandfather, grandmother, uncles, aunts, nor
their descendants, then to the great-grandfathers, great-grandmothers, or
their descendants, in equal parts; and so on, in other cases without end,
passing to the nearest lineal ancestors and their children, or their
descendants, in equal parts;
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provided, however, that collateral relatives,
that is, relatives who are neither ancestors nor descendants of the
decedent, may not inherit unless they are related to the decedent at least
as closely as the ninth degree, the degree of kinship being computed
according to the rules of the civil law; that is, by counting upward from
the decedent to the nearest common ancestor, and then downward to the
relative, the degree of kinship being the sum of these two counts, so that
brothers are related in the second degree;
(3) If there is no surviving spouse or kindred
of the decedent entitled to inherit, the whole shall go to the kindred of
the predeceased spouse who, at the time of the spouse's death, was married
to the decedent, in like course as if such predeceased spouse had survived
the decedent and then died entitled to the property, and if there is more
than one such predeceased spouse, then to go in equal shares to the kindred
of each predeceased spouse;
(4) If no person is entitled to inherit as provided in this section the
property shall escheat as provided by law
474.020. Lineals take per capita and per
stirpes, when.
When several lineal descendants, all of equal degree of consanguinity to the
intestate, or his father, mother, brothers and sisters, or his grandfathers,
grandmothers, uncles and aunts, or any ancestor living and their children,
come into partition, they shall take per capita, that is, by persons; where
a part of them are dead, and part living, and the issue of those dead have a
right to partition, such issue shall take per stirpes; that is, the share of
the deceased parent.
474.040. Collaterals of half blood inherit, how.
When the inheritance is directed to pass to the ascending and collateral
kindred of the intestate, if part of the collaterals is of the whole blood
of the intestate, and the other part of the half blood only, those of the
half blood shall inherit only half as much as those of the whole blood; but
if all collaterals are of the half blood, they shall have whole portions,
only giving to the ascendants double portions.
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