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