14-2106. Passing of estate by representation;
assigning of shares; definitions
A. If under section 14-2103, paragraph 1 all or part of a decedent's intestate
estate passes by representation to the decedent's descendants, that estate is divided
into as many equal shares as there are surviving descendants in the generation nearest to
the decedent that contains one or more surviving descendants and to deceased descendants
in the same generation who left any surviving descendants. Each surviving descendant in
the nearest generation is allocated one share. Any remaining shares are combined and
then divided in the same manner among the surviving descendants of the deceased
descendants as if the surviving descendants who were allocated a share and their
surviving descendants had predeceased the decedent.
B. If under section 14-2103, paragraph 3 or 4 all or part of a decedent's intestate
estate passes by representation to the descendants of either of the decedent's deceased
parents or to the descendants of either of the decedent's deceased paternal or maternal
grandparents, all or part of the estate is divided into as many equal shares as there are
surviving descendants in the generation nearest the deceased parents or either of them,
or the deceased grandparents or either of them, that contains one or more surviving
descendants and to deceased descendants in the same generation who left any surviving
descendants. Each surviving descendant in the nearest generation is allocated one
share. Any remaining shares are combined and then divided in the same manner among the
surviving descendants of the deceased descendants as if the surviving descendants who
were allocated a share and their surviving descendants had predeceased the decedent.
C. For the purposes of this section:
1. "Deceased descendant", "deceased parent" or "deceased grandparent" means a
descendant, parent or grandparent who either predeceased the decedent or is deemed to
have predeceased the decedent under section 14-2104.
2. "Surviving descendant" means a descendant who neither predeceased the decedent
nor is deemed to have predeceased the decedent under section 14-2104.
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