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.
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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