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33-1-1 Real estate descending by intestacy to
children or descendants, parents, or brothers and sisters.
Whenever any person having title to any real estate of inheritance shall die
intestate as to such estate, it shall descend and pass in equal portions to
his or her kindred, in the following course:
(1) First to his children or their descendants, if there are any.
(2) Second if there be no children nor their descendants, then to the
parents in equal shares, or to the surviving parent of such intestate.
(3) Third if there is no parent, then to the brothers and sisters of the
intestate, and their descendants.
33-1-2 Descent of real estate to paternal or maternal kindred.
If there is no parent, nor brother, nor sister, nor their descendants, the
inheritance shall go in equal moieties to the paternal and maternal kindred,
each in the following course: (1) First to the grandparents, in equal
shares, if any there be. (2) Second if there be no grandparent, then to the
uncles and aunts, or their descendants by representation, or such of them as
there be. (3) Third if there be no grandparent, nor uncle, nor aunt, nor
their descendants, then to the great grandparents in equal shares, if any
there be. (4) Fourth if there be no great grandparent, then to the great
uncles and great aunts or their descendants by representation, or such of
them as there be; and so on, in other cases, without end, passing to the
nearest lineal ancestors and their descendants or such of them as there be.
33-1-3 Descent when no paternal or maternal kindred survive.
When in this chapter the inheritance is directed to go by moieties to the
paternal and maternal kindred, if there are no such kindred on the one part,
the whole shall go to the other part; and if there are no kindred either on
the one part or the other the whole shall go to the husband or wife of the
intestate, and if the husband or wife is dead, it shall go to his or her
kindred in the like course as if such husband or wife had survived the
intestate and then died entitled to the estate. |
33-1-5 Life estate descending to spouse.
Whenever the intestate dies without issue and leaves a husband or wife
surviving, the real estate of the intestate shall descend and pass to the
husband or wife for his or her natural life. The provisions of §§ 33-1-1 and
33-1-2 shall be subject to the provisions of this section and § 33-1-6.
33-1-7 Descendants of deceased heirs.
The descendants of any person deceased shall inherit the estate which the
person would have inherited had the person survived the intestate, subject
to the express provisions of these canons of descent.
33-1-10 Surplus personalty not bequeathed.
The surplus of any chattels or personal estate of a deceased person, not
bequeathed, after the payment of his or her just debts, funeral charges, and
expenses of settling his or her estate, shall be distributed by order of the
probate court which shall grant administration in the manner following:
(1) The sum of fifty thousand dollars ($50,000) from the surplus and
one-half (1/2) of the remainder to the widow or surviving husband forever,
if the intestate died without issue.
(2) One-half (1/2) of the surplus to the widow or surviving husband forever,
if the intestate died leaving issue.
(3) The residue shall be distributed among the heirs of the intestate in the
same manner real estates descend and pass by this chapter, but without
having any respect to the life estate and discretionary allowance provided
by §§ 33-1-5 and 33-1-6.
33-25-2 Life estate to spouse.
(a) Whenever any person shall die leaving a husband or wife surviving, the
real estate owned by the decedent in fee simple at his or her death shall
descend and pass to the husband or wife for his or her natural life subject,
however, to any encumbrances existing at death; provided that the liability,
if any, of the decedent to discharge the encumbrance or encumbrances shall
not be impaired. The provisions of §§ 33-1-1 and 33-1-2 shall be subject to
the provisions of this chapter and of § 33-1-6.
(b) For purposes of this section, any real estate conveyed by the decedent
prior to his or her death, with or without monetary consideration, shall not
be subject to the life estate granted in subsection (a) if the instrument or
instruments evidencing such conveyance were recorded in the records of land
evidence in the city or town where the real estate is located prior to the
death of the decedent. Nothing in this section shall be construed to require
that the instrument or instruments evidencing the conveyance must be
recorded prior to the death of the decedent to be valid and thus not subject
to the life estate contained herein.
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