Passage by representation
“Representation” means the method of determining the passing of the net intestate estate when the distributees are of different generations in relation to the decedent. Representation is accomplished as follows:
(1) If a distributive share of a wholly or partially intestate estate passes by representation to a person’s descendants, the share is divided into as many equal shares as there are:
(a) Surviving descendants in the generation nearest to the person that contains one or more surviving descendants; and
(b) Deceased descendants, in the generation nearest to the person that contains one or more surviving descendants, who left surviving descendants, if any.
(2) Each share created for a surviving descendant in the nearest generation is distributed to that descendant. Each share created for a deceased descendant is distributed to the descendants of the deceased descendant by representation as described in this section. [1969 c.591 §24; 2015 c.387 §6; 2016 c.42 §6]
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