If an heir to the heritable estate, or some portion thereof, cannot be found under § 28-9-214, then the portion of the heritable estate as does not pass under § 28-9-214 will pass as follows:
-
(1) First, to the surviving spouse of the intestate even though they had been married less than three (3) years;
-
(2)
-
(A) Second, if there is no such surviving spouse, to the heirs, determined as of the date of the intestate’s death in accordance with § 28-9-214, of the intestate’s deceased spouse, meaning the spouse to whom the intestate was last married if there had been more than one (1) marriage.
-
(B) However, in case a marriage was terminated by divorce rather than by death, the heirs of the divorced spouse shall not inherit; and
-
-
(3) Third, if there is no person capable of inheriting under subdivision (1) or (2) of this section, the estate shall escheat to the county wherein the decedent resided at death.