TITLE 15

UNIFORM PROBATE CODE

CHAPTER 2

INTESTATE SUCCESSION — WILLS

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.]