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31-2-104. Share of surviving spouse and
heirs.
(a) The intestate share of the surviving spouse is:
(1) If there is no surviving issue of the decedent, the entire intestate
estate; or
(2) If there are surviving issue of the decedent, either one-third (1/3) or
a child's share of the entire intestate estate, whichever is greater.
(b) The part of the intestate estate not passing to the surviving spouse
under subsection (a) 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 the decedent's parent or parents
equally;
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(3) If there is no surviving issue or parent, to the brothers and sisters
and the issue of each deceased brother and sister by representation; if
there is no surviving brother or sister, the issue of brothers and sisters
take by representation; or
(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
maternal side, the entire estate passes to the relatives on the other side
in the same manner as the half.
31-2-106. Representation.
If representation is called for by this title, such representation shall be
per stirpes.
31-2-107. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if
they were of the whole blood.
31-2-110. Escheat.
If there is no taker under the provisions of this chapter, the intestate
estate shall escheat to the state of Tennessee under the provisions of
chapter 6 of this title.
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