US Lawyer Database

§ 28-9-204. Per capita distribution

Heirs will take per capita in the following circumstances: (1) (A) If all members of the class who inherit real or personal property from an intestate are related to the intestate in equal degree, they will inherit the intestate’s estate in equal shares and will be said to take per capita. (B) For illustration: (i) […]

§ 28-9-205. Per stirpes distribution

(a) (1) Heirs will take “per stirpes” if the intestate is predeceased by one (1) or more persons who would have been entitled to inherit from the intestate had such a person survived the intestate. (2) The intestate’s estate shall be divided into as many equal shares as there are: (A) Surviving heirs in the […]

§ 28-9-221. Child conceived after death of parent

(a) Notwithstanding the provisions of any law to the contrary, a child conceived after the death of a decedent who specifically authorized the decedent’s surviving spouse, in a writing that is either notarized or witnessed by a licensed physician or a person acting under the supervision of a licensed physician, to use the decedent’s gametes […]

§ 28-9-206. Interests transmissible by inheritance

(a) Heirs may inherit every right, title, and interest not terminated by the intestate’s death in real or personal property owned by an intestate at the time of the intestate’s death and not disposed of by will. (b) The rights of heirs will be subject to: (1) The dower or curtesy of the intestate’s surviving […]

§ 28-9-207. Heirs as tenants in common

When real or personal property is transmitted by inheritance to two (2) or more persons, they will take the same as tenants in common. However, when personal property is distributed in separate units by a personal representative, each distributee will hold his or her distributed part in severalty.

§ 28-9-209. Legitimacy of child — Effect

(a) (1) If the parents of a child have lived together as man and wife and, before the birth of their child, have participated in a marriage ceremony in apparent compliance with the law of the state where the marriage ceremony was performed, though the attempted marriage is void, their child is deemed to be […]

§ 28-9-210. Posthumous heirs

(a) Posthumous descendants of the intestate conceived before his or her death but born thereafter shall inherit in the same manner as if born in the lifetime of the intestate. (b) However, no right of inheritance shall accrue to any person other than a lineal descendant of the intestate, unless such a person has been […]

§ 28-9-211. Alienage

(a) No person is disqualified to inherit, or transmit by inheritance, real or personal property because he or she is or has been an alien. (b) An alien may inherit, or transmit by inheritance, as freely as a citizen of this state, subject to the same laws of intestate succession which are applicable to citizens […]