521. Title of surviving spouse; portion subject to testamentary disposition or succession.

522. Community property subject to administration; exception; husband's control after death of wife.

SUBCHAPTER III-SEPARATE PROPERTY

541. Succession controlled by contract and Code.

545. Distribution to surviving spouse where no issue or immediate relatives. 546. Distribution to immediate family where neither issue nor spouse.

547. Distribution to next of kin where no spouse, issue or immediate family. 548. Unmarried minor decedent.

549. Distribution of common property acquired from predeceased spouse where no surviving spouse or issue.

550. Distribution of former separate property of predeceased spouse where no surviving spouse or issue.

551. Distribution to next of kin of property acquired from predeceased spouse.

SUBCHAPTER IV-MISCELLANEOUS PROVISIONS

571. Succession by right of representation; posthumous child.

572. Determination of degree of kindred.

573. Lineal consanguinity; division.

575. Inheritance rights of kindred of the half blood.

576. Inheritance rights of illegitimate children; limitations.

577. Succession to estate of illegitimate child.

578. Inheritance rights of adopted children; restriction.

579. Person convicted of murder or voluntary manslaughter of decedent.

Subchapter I-General Provisions

§ 501. Succession defined

Succession is the acquisition of title to the property of one who dies without disposing of it by will.

Subchapter II-Community Property

§ 521. Title of surviving spouse; portion subject to testamentary disposition or succession

Upon the death of either husband or wife, one-half of the community property belongs to the surviving spouse. The other half is subject to the testamentary disposition of the decedent, and in the absence thereof goes to the surviving spouse, subject to section 522 of this title.

§ 522. Community property subject to administration; exception; husband's control after death of wife

(a) Community property passing from the control of the husband by reason of his death is subject to administration, his debts, family allowance, and the charges and expenses of administration.

(b) Upon the death of the husband, his clothing and the household effects not exceeding $2,500 in value go to the surviving wife without administration, and are not subject to the debts and allowance referred to in subsection (a) of this section.

(c) Community property passing from the control of the husband by virtue of testamentary disposition by the wife is subject to administration, his debts, and the charges and expenses of administration, but the husband, pending administration, shall retain the same power to sell, manage and deal with the community personal property as he had in her lifetime; and his possession and control of the community property may not be transferred to the personal representative of the wife, except to the extent necessary to carry her will into effect.

Subchapter III-Separate Property

§ 541. Succession controlled by contract and Code

The separate property of a person who dies without disposing of it by will is succeeded to and shall be distributed as provided by this Part and Part 3 of this title, subject to the limitation of a marriage or other contract, and to this title.

§ 542. Distribution to surviving spouse and issue

(a) If the decedent leaves a surviving spouse and only one child or the lawful issue of a deceased child, the estate goes one-half to the surviving spouse and one-half to the child or issue.

(b) If the decedent leaves a surviving spouse, and:

(1) more than one child living; or

(2) one child living and the lawful issue of one or more deceased children; or

(3) the lawful issue of two or more deceased children

the estate goes one-third to the surviving spouse and the remainder in equal shares to the children, if living, and to the lawful issue of any deceased child, by right of representation.

(c) If the decedent does not leave a child living at his death, the remainder goes to all his lineal descendants; and if all the descendants are in the same degree of kindred to the decedent, they share equally; otherwise, they take by right of representation.

§ 543. Distribution to issue where no surviving spouse

If the decedent does not leave a surviving spouse, but leaves issue, the whole estate goes to the issue. If all the descendants are in the same degree of kindred to the decedent, they share equally; otherwise, they take by right of representation.

§ 544. Distribution where no issue

If the decedent does not leave issue, the estate goes one-half to the surviving spouse, and the other half to the decedent's parents in equal shares, and if either is dead the whole of half goes to the other. If there are no parents, one-half goes in equal shares to the brothers and sisters of the decedent and to the children or grandchildren of deceased brothers or sisters by right of representation.

§ 545. Distribution to surviving spouse where no issue or immediate relatives

If the decedent leaves a surviving spouse and neither issue, parent, brother, sister, nor the children or grandchildren of a deceased brother or sister, the whole estate goes to the surviving spouse.

§ 546. Distribution to immediate family where neither issue nor

spouse

If the decedent does not leave issue or a surviving spouse, the estate goes to his parents in equal shares, or if either is dead to the survivor, or if both are dead, in equal shares to the brothers and sisters of the decedent and to children or grandchildren of deceased brothers or sisters, by right of representation.

§ 547. Distribution to next of kin where no spouse, issue or immediate family

If the decedent does not leave either issue, spouse, father, mother, brother, or sister, the estate goes to the next of kin, in equal degree, excepting that, when there are two or more collateral kindred, in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote.

§ 548. Unmarried minor decedent

repre

If a decedent dies under age without having been married, all the estate that came to him by succession from a parent goes in equal shares to the other children of the same parent, and by right of sentation to the issue of any of the children who are dead; or if all the children of the parent are dead and any of them has left issue, to the issue. If all the issue are in the same degree of kindred to the decedent, they share equally; otherwise, they take by right of representation.

§ 549. Distribution of common property acquired from predeceased spouse where no surviving spouse or issue

If the decedent does not leave spouse or issue and the estate or any portion thereof was common property of the decedent and a previously deceased spouse while the spouse was living, the property goes in equal shares to the children of the deceased spouse and their descendants by right of representation.

If there are no children of the deceased spouse, one-half of the common property goes to the parents of the decedent in equal shares, or if either is dead to the survivor, or if both are dead, in equal shares to the brothers and sisters of the decedent and their descendants by right of representation; and the other half goes to the parents of the deceased spouse, in equal shares, or if either is dead to the survivor, or if both are dead, then in equal shares to the brothers and sisters of the deceased spouse and their descendants by right of representation.

§ 550. Distribution of former separate property of predeceased spouse where no surviving spouse or issue

If the estate of a decedent, or any portion thereof, was separate property of a deceased spouse while living, and came to the decedent from the spouse by descent or bequest, the property goes in equal shares to the children of the spouse and their descendants by right of representation: and if none, then to the parents of the spouse, in equal shares, or if either is dead to the survivor, or if both are dead, then in equal shares to the brothers and sisters of the spouse and their descendants by right of representation.

§ 551. Distribution to next of kin of property acquired from pre

deceased spouse

If there is no one to succeed to a portion of the property in any of the contingencies provided for by sections 549 and 550 of this title, according to the provisions of those sections, that portion goes to the next of kin of the decedent in the manner provided for by section 547 of this title.

Subchapter IV-Miscellaneous Provisions

§ 571. Succession by right of representation; posthumous child Inheritance or succession "by right of representation" takes place when the descendants of a deceased person take the same share or right in the estate of another person that the deceased person would have taken as an heir if living. A posthumous child is considered as living at the death of the parent.

§ 572. Determination of degree of kindred

The degree of kindred is established by the number of generations, and each generation is called a degree.

$ 573. Lineal consanguinity; division

Lineal consanguinity, or the direct line of consanguinity, is the relationship between persons one of whom is a descendant of the other. The direct line is divided into a direct line descending, which connects a person with those who descend from him, and a direct line ascending, which connects a person with those from whom he descends. In the direct line there are as many degrees as there are generations. Thus, the child is, with regard to the parent, in the first degree; the grandchild, with regard to the grandparent, in the second; and vice versa as to the parents and grandparents with regard to their respective children and grandchildren.

§ 574. Collateral consanguinity

Collateral consanguinity is the relationship between persons who spring from a common ancestor, but are not in direct line. The degree is established by counting the generations, from one relative up to the common ancestor, and from the common ancestor to the other relative. In the computation the first relative is excluded, the other included, and the ancestor counted but once. Thus, brothers are related in the second degree, uncle and nephew in the third degree, cousins-german in the fourth, and so on.

§ 575. Inheritance rights of kindred of the half blood

Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance came to the intestate by descent or gift of one of his ancestors, in which case all those who are not of the blood of the ancestor are excluded from the inheritance in favor of those who are.

§ 576. Inheritance rights of illegitimate children; limitations An illegitimate child is an heir of the person who, in writing, signed in the presence of a competent witness, acknowledges himself to be the father of the child; and in all cases is an heir of his mother; and inherits his or her estate, in whole or in part, as the case may be, in the same manner as if he had been born in lawful wedlock; but he does not represent his father or mother by inheriting any part of the estate of his or her kindred, either lineal or collateral, unless, before his death, his parents have intermarried, and his father, after the marriage, acknowledges him as his child, or adopts him into his family; in which case the child and all the legitimate children are considered brothers and sisters, and on the death of either of them, intestate, and without issue, the others inherit his estate, and are heirs, as hereinbefore provided, in like manner as if all the children had been legitimate; saving to the father and mother, respectively, their rights in the estates of all the children in like manner as if all had been legitimate. The issue of all marriages null in law, or dissolved by divorce, are legitimate.

§ 577. Succession to estate of illegitimate child

The estate of an illegitimate child, who, having title to an estate not otherwise limited by marriage contract, dies without disposing thereof by will, is succeeded to as if he had been born in lawful wedlock if he has been legitimated by a subsequent marriage of his parents, or adopted by his father as provided by section 387 of Title 8; otherwise, the estate is succeeded to as if the child had been born in lawful wedlock and had survived his father and all persons related to him only through his father.

§ 578. Inheritance rights of adopted children; restriction

An adopted child is a descendant of one who has adopted him, the same as a natural child, for all purposes of succession by, from or through the adopting parent, the same as a natural parent. An adopted child does not succeed to the estate of a natural parent when the relationship between them has been severed by adoption, nor does the natural parent succeed to the estate of the adopted child, nor does the adopted child succeed to the estate of a relative of the natural parent, nor does any relative of the natural parent succeed to the estate of an adopted child.

§ 579. Person convicted of murder or voluntary manslaughter of decedent

A person who has been convicted of the murder or voluntary manslaughter of the decedent is not entitled to succeed to any portion of his estate; but the portion thereof to which he would otherwise be entitled to succeed descends to the other persons entitled thereto under this chapter.

Sec.

CHAPTER 33-ESCHEAT

611. When property escheats.

612. Action to determine right of United States to escheated property.

613. Description of property.

614. Order requiring interested parties to appear.

615. Custody of property.

616. Joinder of parties and actions.

617. Appearance, pleadings, and judgment.

618. Claim to escheated property; procedure, hearing and determination; limitation.

613. Disposition of proceeds.

§ 611. When property escheats

If an intestate decedent does not leave a spouse or kindred, and there are no heirs to take his estate or any portion thereof, under section 549, 550 or 551 of this title, or if a person dies leaving any property in his estate not disposed of by will, and there are no persons entitled to succeed thereto under the laws of the Canal Zone, the property escheats to the United States.

§ 612. Action to determine right of United States to escheated property

When the United States attorney is informed that an estate has escheated or is about to escheat to the United States or that the property involved in an action or special proceeding has escheated or is about to escheat to the United States, he may commence an action on behalf of the United States to determine its rights to the property or may intervene on its behalf in an action or special proceeding affecting any such estate and contest the rights of claimants thereto. The action shall be commenced by filing a petition in the district court.