72-2-111. Intestate estate.
(1) Any part of a decedent's estate not
effectively disposed of by will passes by intestate succession to the
decedent's heirs as prescribed in chapters 1 through 5, except as modified
by the decedent's will.
(2) A decedent may by will expressly exclude or limit the right of an
individual or class to succeed to property of the decedent passing by
intestate succession. If that individual or a member of that class survives
the decedent, the share of the decedent's intestate estate to which that
individual or class would have succeeded passes as if that individual or
each member of that class had disclaimed an intestate share.
72-2-112. Share of spouse.
The intestate share of a decedent's surviving
(1) the entire intestate estate if:
(a) no descendant or parent of the decedent survives the decedent; or
(b) 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 $200,000, plus three-fourths of any balance of the intestate
estate, if no descendant of the decedent survives the decedent but a parent
of the decedent survives the decedent;
(3) 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;
(4) the first $100,000, plus one-half of any balance of the intestate
estate, if one or more of the decedent's surviving descendants are not
descendants of the surviving spouse.
72-2-113. Share of heirs other than surviving spouse.
(1) Any part of the intestate estate not passing
to the decedent's surviving spouse under 72-2-112, 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:
(a) to the decedent's descendants by representation;
(b) if there is no surviving descendant, to the decedent's parents equally
if both survive or to the surviving parent;
(c) if there is no surviving descendant or parent, to the descendants of the
decedent's parents or either of them by representation;
(d) if there is no surviving descendant, parent,
or descendant of a parent and the decedent is:
(i) survived by one or more grandparents or
descendants of grandparents:
(A) one-half to:
(I) the decedent's paternal grandparents equally
if both survive;
(II) the surviving paternal grandparent; or