29A-2-102. Share of the spouse.
The intestate share of a decedent’s surviving spouse is:
(1)The entire intestate estate if:
(i)No descendant of the decedent survives the decedent; or
(ii)All of the decedent’s surviving descendants are also descendants of the surviving spouse;
(2)The first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse.
Source: SL 1995, ch 167, §2-102.