(5) Fifth, if the intestate is survived by no descendant or parent, then all of his or her heritable estate which under subdivisions (3) and (4) would have vested in intestate's surviving parent or parents will pass to intestate's brothers and sisters and the descendants of any brothers and sisters of intestate who may have predeceased the intestate, such brothers, sisters, and descendants taking per capita or per stirpes according to §§ 28-9-204 and 28-9-205.
28-9-213. Kinsmen of the half blood.
An intestate's kinsmen of the half blood will inherit the intestate's real or personal property to the same extent as if they were his kinsmen of the whole blood.