524.2-104. REQUIREMENT THAT HEIR SURVIVE DECEDENT FOR 120 HOURS
An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead, exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If it is not established that an individual who would otherwise be an heir survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in a taking of intestate estate by the state under section 524.2-105.
524.2-105. NO TAKER
If there is no taker under the provisions of this article, the intestate estate passes to the state.
(a)Application. If representation is called for by this article, paragraphs (b) and (c) apply.
(b)Decedent’s descendants. In the case of descendants of the decedent, the estate is divided into as many shares as there are surviving children of the decedent and deceased children who left descendants who survive the decedent, each surviving child receiving one share and the share of each deceased child being divided among its descendants in the same manner.
(c)Descendants of parents or grandparents. If, under section 524.2-103, clause (3) or (4), 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 in the following manner:
(1) In the case of descendants of the decedent’s deceased parents 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, 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, and the surviving descendants of each deceased descendant in the same generation are allocated one share, to be divided in the same manner as specified in paragraph (b).
(2) In the case of 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 surviving descendants in the generation nearest the deceased grandparents or either of them that contains one or more surviving descendants. Each surviving descendant in the nearest generation is allocated one share.
524.2-107. DEGREE OF KINDRED AND KINDRED OF HALF BLOOD
The degree of kindred shall be computed according to the rules of the civil law. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
524.2-108. AFTER-BORN HEIRS
An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth.
524.2-113. INDIVIDUALS RELATED TO DECEDENT THROUGH TWO LINES
An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
524.2-802. EFFECT OF DISSOLUTION OF MARRIAGE, ANNULMENT, AND DECREE OF SEPARATION
A person whose marriage to the decedent has been dissolved or annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the person is married to the decedent at the time of death. A decree of separation which does not terminate the status of husband and wife is not a dissolution of marriage for purposes of this section.