If an heir to the heritable estate, or some portion thereof, cannot be found under § 28-9-214, then the portion of the heritable estate as does not pass under § 28-9-214 will pass as follows:
(1) First, to the surviving spouse of the intestate even though they had been married less than three (3) years;
(2) (A) Second, if there is no such surviving spouse, to the heirs, determined as of the date of the intestate's death in accordance with § 28-9-214, of the intestate's deceased spouse, meaning the spouse to whom the intestate was last married if there had been more than one (1) marriage.
(B) However, in case a marriage was terminated by divorce rather than by death, the heirs of the divorced spouse shall not inherit; and
(3) Third, if there is no person capable of inheriting under subdivision (1) or (2) of this section, the estate shall escheat to the county wherein the decedent resided at death.
Section: Previous 28-9-208 28-9-209 28-9-210 28-9-211 28-9-212 28-9-213 28-9-214 28-9-215 28-9-216 28-9-217 28-9-218 28-9-219 28-9-220 28-9-221 NextLast modified: November 15, 2016