§ 28-9-204 — Per capita distribution

Heirs will take per capita in the following circumstances: (1) (A) If all members of the class who inherit real or personal property from an intestate are related to the intestate in equal degree, they will inherit the intestate's estate in equal shares and will be said to take per capita. (B) For illustration: (i) If the intestate leaves no heirs except children, the children will take per capita and in equal shares; (ii) If the intestate leaves no heirs except grandchildren, all the grandchildren will take per capita and in equal shares; and (iii) If the inheriting class consists solely of great-grandchildren, or any more remote descendants of the intestate who are all related to the intestate in the same degree, they will take per capita. (C) The same rule applies to the inheritance by collateral heirs of the intestate as when, for illustration, the inheriting class consists entirely of brothers and sisters, or consists solely of nieces and nephews who are descendants of deceased brothers and sisters, or consists of any other collateral relatives of the intestate who are related to the intestate in equal degree. (D) Likewise, when the inheriting class consists of uncles, aunts, and grandparents or great-uncles, great-aunts, and great-grandparents who, under § 28-9-214 , may constitute an inheriting class even though they represent different generations, all members of such a class who survive the intestate will take per capita and share equally; and (2) If the members of the inheriting class are related to the intestate in unequal degree, those in the nearer degree will take per capita or in their own right, and those in the more remote degree will take per stirpes or through representation as provided in § 28-9-205 .

Legislative History

Acts 1969, No. 303, § 4; A.S.A. 1947, § 61-134.