§84 213. Descent and distribution.
B. Beginning July 1, 1985, if any person having title to any estate not
otherwise limited by any antenuptial marriage contract dies without disposing of
the estate by will, such estate descends and shall be distributed in the
following manner:
1. If the decedent leaves a surviving spouse, the share of the estate passing to
said spouse is:
a. if there is no surviving issue, parent, brother or sister, the entire estate,
or
b. if there is no surviving issue but the decedent is survived by a parent or
parents, brother or sister:
(1) all the property acquired by the joint industry of the husband and wife
during coverture, and
(2) an undivided one third (1/3) interest in the remaining estate, or
c. if there are surviving issue, all of whom are also issue of the surviving
spouse:
an undivided one half (1/2) interest in all the property of the estate whether
acquired by the joint industry of the husband and wife during coverture or
otherwise, or
d. if there are surviving issue, one or more of whom are not also issue of the
surviving spouse:

(1) an undivided one half (1/2) interest in the property acquired by the joint
industry of the husband and wife during coverture, and
(2) an undivided equal part in the property of the decedent not acquired by the
joint industry of the husband and wife during coverture with each of the living
children of the decedent and the lawful issue of any deceased child by right of
representation;
2. The share of the estate not passing to the surviving spouse or if there is no
surviving spouse, the estate is to be distributed as follows:
a. in undivided equal shares to the surviving children of the decedent and issue
of any deceased child of the decedent by right of representation, or
b. if there is no surviving issue, to the surviving parent or parents of the
decedent in undivided equal shares, or
c. if there is no surviving issue nor parent, in undivided equal shares to the
issue of parents by right of representation, or
d. if there is no surviving issue, parent, nor issue of parents, but the
decedent is survived by one or more grandparents or issue of any grandparent,
half of the estate passes equally to the paternal grandparents if both survive,
or to the surviving paternal grandparent, or to the issue of any paternal
grandparent if both paternal grandparents 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 the decedent is
survived by one or more grandparents or issue of grandparents on only one side
of the family, paternal or maternal, the entire estate shall pass to such
survivors in the manner set forth in this subsection, or
e. if there is no surviving issue, parent, issue of parents, grandparent, nor
issue of a grandparent, the estate passes to the next of kin in equal degree;
3. If the decedent leaves no spouse, issue, parent, issue of parents,
grandparent, issue of a grandparent, nor kindred, then the estate shall escheat
to the state for the support of the common schools; and
4. For the purpose of this section, the phrase "by right of representation"
means the estate is to be divided into as many equal 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 equal share and the equal share of each deceased
person in the same degree being divided among his issue in the same manner. The
word "issue" means lineal descendants.
84 222. Kindred of the half blood.
Kindred of the half blood inherit equally with those of the whole blood in the
same degree, unless the inheritance come to the intestate by descent, devise or
gift of some one of his ancestors, in which case all those who are not of the
blood of such ancestors must be excluded from such inheritance.
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