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.