§ 43-2-830 — Devolution of Estate at Death; Restrictions

(a) Upon the death of a person, decedent’s real property devolves to the persons to whom it is devised by decedent’s last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of a testate estate, or in the absence of testamentary disposition, to decedent’s heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates.
(b) Decedent’s personal property devolves to the personal representative to be distributed to:
(1) Those persons to whom it is devised by the testator’s last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of a testate estate; or
(2) In the absence of testamentary disposition, to decedent’s heirs, or to those indicated as substitutes for them in cases involving renunciations or other circumstances affecting devolution of intestate estates.
(c) The devolution of a decedent’s property, real and personal, is subject to homestead allowance, exempt property, family allowance, rights of creditors, elective share of the surviving spouse, and to administration.

Legislative History

(Acts 1993, No. 93-722, p. 1411, §1.)