# 18-C M.R.S. § 2-106: 18-C §2-106. Per capita at each generation

> Maine · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-106

## Section

- **Citation:** 18-C M.R.S. § 2-106
- **Heading:** 18-C §2-106. Per capita at each generation
- **Jurisdiction:** Maine
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** ME Code / Title 18-C / Chapter 2 / Section 2-106

## Text

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Deceased descendant," "deceased parent" or "deceased grandparent" means a descendant, parent or grandparent, respectively, who either predeceased the decedent or is deemed to have predeceased the decedent under section 2‑104 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. "Surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section 2‑104 . [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Per capita at each generation; decedent's descendants. If, under section 2‑103, subsection 1, paragraph A , a decedent's intestate estate or a part thereof passes per capita at each generation to the decedent's descendants, the estate or part thereof is divided into as many equal shares as there are: A. Surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Deceased descendants in the same generation identified in paragraph A who left surviving descendants, if any. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

3. Per capita at each generation; descendants of decedent's parents, grandparents. If, under section 2‑103, subsection 1, paragraph C or D , a decedent's intestate estate or a part thereof passes per capita at each generation to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are: A. Surviving descendants in the generation nearest to the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Deceased descendants in the same generation identified in paragraph A who left surviving descendants, if any. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]

## Nearby sections

- [18-C M.R.S. § 2-101 18-C §2-101. Intestate estate](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-101.md)
- [18-C M.R.S. § 2-102 18-C §2-102. Share of spouse](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-102.md)
- [18-C M.R.S. § 2-103 18-C §2-103. Share of heirs other than surviving spouse](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-103.md)
- [18-C M.R.S. § 2-104 18-C §2-104. Requirement of survival by 120 hours; individual in gestation](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-104.md)
- [18-C M.R.S. § 2-105 18-C §2-105. No taker](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-105.md)
- [18-C M.R.S. § 2-106 18-C §2-106. Per capita at each generation](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-106.md)
- [18-C M.R.S. § 2-107 18-C §2-107. Kindred of half blood](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-107.md)
- [18-C M.R.S. § 2-108 18-C §2-108. Advancements](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-108.md)
- [18-C M.R.S. § 2-109 18-C §2-109. Debts to decedent](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-109.md)
- [18-C M.R.S. § 2-110 18-C §2-110. Alienage](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-110.md)
- [18-C M.R.S. § 2-111 18-C §2-111. Dower and curtesy abolished](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-111.md)
- [18-C M.R.S. § 2-112 18-C §2-112. Individuals related to decedent through 2 lines](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-112.md)
- [18-C M.R.S. § 2-113 18-C §2-113. Parent barred from inheriting](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-113.md)
- [18-C M.R.S. § 2-115 18-C §2-115. Determination of parentage for purposes of intestate succession](https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-115.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_T18-C_C2_S2-106. Check the current official text before relying on it. Not legal advice.