Any part of the intestate estate not passing to the decedent's surviving spouse under section 1511-102, or to the decedent's surviving designated beneficiary under section 15-11-102.5, or the entire intestate estate if there is no surviving spouse and no surviving designated beneficiary with the right to inherit real or personal property from the decedent through intestate succession, passes in the following order to the individuals who survive the decedent:
(Deleted by amendment, L. 2010, (SB 10-199), ch. 374, p. 1748, § 5, effective July
1, 2010.)
To the decedent's descendants per capita at each generation;
If there is no surviving descendant, to the decedent's parents equally if both survive,or to the surviving parent if only one survives;
If there is no surviving descendant or parent, to the descendants of the decedent'sparents or either of them per capita at each generation;
If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents:
Half to the decedent's paternal grandparents equally if both survive, to the survivingpaternal grandparent if only one survives, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation; and
Half to the decedent's maternal grandparents equally if both survive, to the survivingmaternal grandparent if only one survives, or to the descendants of the decedent's maternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation;
If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent's relatives on the side with one or more surviving members in the manner as described in subsection (5) of this section;
(Deleted by amendment, L. 2010, (SB 10-199), ch. 374, p. 1748, § 5, effective July1, 2010.)
(Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1672, § 4, effective July
1, 2010.)
Source: L. 94: Entire part R&RE, p. 977, § 3, effective July 1, 1995. L. 95: Entire section amended, p. 353, § 2, effective July 1. L. 2009: Entire section amended, (HB 09-1260), ch. 107, p. 443, § 7, effective July 1; entire section amended, (HB 09-1287), ch. 310, p. 1672, § 4, effective July 1, 2010. L. 2010: IP, (1), and (7) amended, (SB 10-199), ch. 374, p. 1748, § 5, effective July 1.
Editor's note: (1) This section is similar to former § 15-11-103 as it existed prior to 1995.
(2) Amendments to this section by House Bill 09-1260 and House Bill 09-1287 were harmonized, effective July 1, 2010; except that the second sentence of subsection (7) and the provisions of subsection (8), as amended by House Bill 09-1260, were superseded by House Bill 09-1287, effective July 1, 2010.
Cross references: For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.