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542-1-3. Share of spouse.
The intestate share of a decedent's surviving spouse is:
(a) The entire intestate estate if:
(1) No descendant of the decedent survives the decedent; or
(2) 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;
(b) Three fifths 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;
(c) One half of the intestate estate, if one or more of the decedent's
surviving descendants are not descendants of the surviving spouse.
42-1-3a. Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to the decedent's surviving
spouse under section three of this article, 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,
but the decedent is survived by one or more grandparents or descendants of
grandparents, half of the estate passes to the decedent's paternal
grandparents equally if both survive, or to the surviving paternal
grandparent, or to the descendants of the decedent's paternal grandparents
or either of them if both are deceased, the descendants taking by
representation; and the other half passes to the decedent's maternal
relatives in the same manner; but, if there is no surviving grandparent or
descendant of a grandparent on either the paternal or the maternal side, the
entire estate passes to the decedent's relatives on the other side in the
same manner as the half.
42-1-3c. No taker.
If there is no taker under the provisions of this article, the intestate
estate passes to the state. Any real property shall pass to the state
auditor. Any personal property shall pass to the state treasurer for
disposition by public sale in accordance with the provisions of section
twelve, article eight, chapter thirty-six of this code. The proceeds of the
sale of any such real property shall be deposited to the credit of the
general school fund. The proceeds of the sale of any such personal property
shall be deposited to the credit of the general revenue fund. |
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42-1-3d. Representation.
(a) In this section:
(1) "Deceased descendant," "deceased parent," or "deceased grandparent"
means a descendant, parent, or grandparent who either predeceased the
decedent or is deemed to have predeceased the decedent under section three-b
of this article.
(2) "Surviving descendant" means a descendant who neither predeceased the
decedent nor is deemed to have predeceased the decedent under section
three-b of this article.
(b) If, under section three-a of this article, a decedent's intestate estate
or a part thereof passes "by representation" to the decedent's descendants,
the estate or part thereof is divided into as many equal shares as there
are:
(i) Surviving descendants in the generation nearest to the decedent which
contains one or more surviving descendants; and
(ii) deceased descendants in the same generation who left surviving
descendants, if any. Each surviving descendant in the nearest generation is
allocated one share. The remaining shares, if any, are combined and then
divided in the same manner among the surviving descendants of the deceased
descendants as if the surviving descendants who were allocated a share and
their surviving descendants had predeceased the decedent.
(c) If, under section three-a of this article, a decedent's intestate estate
or a part thereof passes "by representation" to the descendants of the
decedent's deceased parents or either of them or to the descendants of the
decedent's deceased paternal or maternal grandparents or either of them, the
estate or part thereof is divided into as many equal shares as there are:
(i) Surviving descendants in the generation nearest the deceased parents or
either of them, or the deceased grandparents or either of them, that
contains one or more surviving descendants; and
(ii) deceased descendants in the same generation who left surviving
descendants, if any. Each surviving descendant in the nearest generation is
allocated one share. The remaining shares, if any, are combined and then
divided in the same manner among the surviving descendants of the deceased
descendants as if the surviving descendants who were allotted a share and
their surviving descendants had predeceased the decedent.
42-1-3e. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if
they were of the whole blood.
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