75-2-102. Intestate share of spouse.
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75-2-102. Intestate share of spouse.
(1)The intestate share of a decedent's surviving spouse is:
(a)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;
(b)the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
(2)For purposes of Subsection (1)(b) , if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206 , received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.
Amended by Chapter 93 , 2010 General Session