72-2-113. Share of heirs other than surviving spouse. (1) Any part of the intestate estate not passing to the decedent's surviving spouse under 72-2-112, 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 no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent;

(c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;

(d) if there is no surviving descendant, parent, or descendant of a parent and the decedent is:

(i) survived by one or more grandparents or descendants of grandparents:

(A) one-half to:

(I) the decedent's paternal grandparents equally if both survive;

(II) the surviving paternal grandparent; or

(III) the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and

(B) the other one-half to the decedent's maternal relatives in the same manner; or

(ii) not survived by a grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate to the decedent's relatives on the other side in the same manner as the half;

(e) if there is no surviving descendant, grandparent, or descendant of a grandparent, to the person of the closest degree of kinship with the decedent. Except as provided in subsection (2), if more than one person is of that closest degree, those persons share equally.

(2) If more than one person is of the closest degree as provided in subsection (1)(e) but they claim through different ancestors, those who claim through the nearer ancestor must receive to the exclusion of those claiming through a more remote ancestor.

History: En. 91A-2-103 by Sec. 1, Ch. 365, L. 1974; amd. Sec. 2, Ch. 363, L. 1975; R.C.M. 1947, 91A-2-103; amd. Sec. 2, Ch. 52, L. 1981; amd. Sec. 12, Ch. 494, L. 1993; Sec. 72-2-203, MCA 1991; redes. 72-2-113 by Code Commissioner, 1993; amd. Sec. 66, Ch. 18, L. 1995.