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Section 30-2301 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.
Section 30-2302 Share of the spouse.
The intestate share of the surviving spouse 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 fifty thousand dollars, plus one-half of the balance
of the intestate estate;
(3) if there are surviving issue all of whom are issue of the surviving
spouse also, the first fifty thousand dollars, plus one-half of the balance
of the intestate estate;
(4) if there are surviving issue one or more of whom are not issue of the
surviving spouse, one-half of the intestate estate.
Section 30-2303 Share of heirs other than surviving spouse.
The part of the intestate estate not passing to the surviving spouse under
section 30-2302, or the entire intestate estate if there is no surviving
spouse, passes as follows:
(1) to the issue of the decedent; if they are all of the same degree of
kinship to the decedent they take equally, but if of unequal degree, then
those of more remote degree take by representation;
(2) if there is no surviving issue, to his parent or parents equally;
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(3) if there is no surviving issue or parent, to the issue of the parents or
either of them by representation;
(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, the issue
taking equally if they are all of the same degree of kinship to the
decedent, but if of unequal degree those of more remote degree take by
representation; and the other half passes to the maternal relatives in the
same manner; but if there be no surviving grandparent or issue of
grandparent on either the paternal or the maternal side, the entire estate
passes to the relatives on the other side in the same manner as the half;
(5) if there is no surviving issue, parent,
issue of a parent, grandparent or issue of a grandparent, the entire estate
passes to the next of kin in equal degree, excepting that when there are two
or more collateral kindred in equal degree, but claiming through different
ancestors, those who claim through the nearest ancestor shall be preferred
to those claiming through a more remote ancestor.
Section 30-2305 Escheat; no taker.
If there is no taker under the provisions of this article, the intestate
estate passes to the state.
Section 30-2306 Representation.
If 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
and deceased persons in the same degree who left issue who survive the
decedent, each surviving heir in the nearest degree receiving one share and
the share of each deceased person in the same degree being divided among his
issue in the same manner.
Section 30-2307 Kindred of half blood.
The degrees of kindred shall be computed according to the rule of 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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