14-2102. Intestate share of surviving
spouse


The following part of the intestate estate, as to both separate property and the
one-half of community property that belongs to the decedent, passes to the surviving
spouse:


1. If there is no surviving issue or if there are surviving issue all of whom are
issue of the surviving spouse also, the entire intestate estate.


2. If there are surviving issue one or more of whom are not issue of the surviving
spouse, one-half of the intestate separate property and no interest in the one-half of
the community property that belonged to the decedent.