15-2-102 SHARE OF THE SPOUSE.

PART 1.

INTESTATE SUCCESSION

15-2-102. Share of the spouse. The intestate share of the surviving spouse is as follows:

(a) As to separate property:

(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;

(2) If there is no surviving issue but the decedent is survived by a parent or parents, one-half (1/2) of the intestate estate;

(3) If there are surviving issue of the deceased spouse, one-half (1/2) of the intestate estate.

(b) As to community property:

(1) The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse.

History:

[I.C., sec. 15-2-102, as added by 1971, ch. 111, sec. 1, p. 233; am. 2001, ch. 330, sec. 1, p. 1160.]