Current through P.A. Acts 2022-96
Section 2102 - Share of surviving spouse
The intestate share of a decedent's surviving spouse is:(1) If there is no surviving issue or parent of the decedent, the entire intestate estate.(2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230). (3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate.(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.(5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).1972, June 30, P.L. 508, No. 164, § 2, eff. July 1, 1972. Amended 1978, April 18, P.L. 42, No. 23, § 1, effective in 60 days; 1980, July 11, P.L. 565, No. 118, § 2, effective in 60 days; 2003, Oct. 3, P.L. 175, No. 26, § 1, imd. effective.