US Lawyer Database

§42-1-3g. Advancements

(a) If an individual dies intestate as to all or a portion of his or her estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if (i) the decedent declared in a contemporaneous […]

§42-1-4. Alienage

No individual is disqualified to take as an heir because the individual or an individual through whom he or she claims is or has been an alien.

§42-1-2. Intestate Estate

(a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of […]

§42-1-3. 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

§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 […]

§42-1-3b. Requirement That Heir Survive Decedent for One Hundred Twenty Hours

An individual who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of intestate succession, and the decedent's heirs are determined accordingly. If the time of death of a decedent or of an individual who would otherwise be an heir, or the times of death […]

§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 […]

§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.

§42-1-1. General Definitions

Subject to additional definitions contained in the subsequent articles that are applicable to specific articles, parts or sections, and unless the context otherwise requires in this code: (1) “Agent” includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning anothers health care and an individual authorized to […]