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; 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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