3.15.060 Intestate succession.
Any parts of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed by this Code as follows:
(A) The surviving spouse shall receive the following share:
(1) All of the decedent’s share of the net community property of the estate; and
(2) One-half (1/2) of the net separate property of the estate if there are issue (children); or three-quarters (3/4) of the net separate estate if there is no surviving issue (children), but the decedent is survived by one (1) or more of his parents, or by one (1) or more of the issue of one (1) or more of his parents; or all of the net separate estate, if there is no surviving issue nor parent nor issue of the parent.
(B) The share of the net estate not distributed to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows:
(1) To the issue of the decedent; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation.
(2) If the decedent is not survived by issue, then to the decedent’s parent or parents who survive the decedent, in equal shares.
(3) If the decedent is not survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation.
(4) If the decedent is not survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the decedent, the maternal grandparent or grandparents shall take one-half (1/2) and the paternal grandparents or grandparents shall take one-half (1/2).
(5) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be unequal degree, then those of more remote degree shall take by representation. [Res. 22-R-198 Att. A, 11/17/2022; Res. 06-R-53 § 5.0, 5/3/2006.]