The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is:
(1) The entire intestate estate if:
No descendant or parent of the decedent survives the decedent; or
All of the decedent's surviving descendants are also descendants of the survivingspouse and there is no other descendant of the surviving spouse who survives the decedent;
The first three hundred thousand dollars, plus three-fourths of any balance of theintestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
The first two hundred twenty-five thousand dollars, plus one-half of any balance ofthe intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;
The first one hundred fifty thousand dollars, 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.
(Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July
1, 2010.)
The dollar amounts stated in this section shall be increased or decreased based on thecost of living adjustment as calculated and specified in section 15-10-112.
Source: L. 94: Entire part R&RE, p. 976, § 3, effective July 1, 1995. L. 95: Entire section amended, p. 352, § 1, effective July 1. L. 2009: Entire section amended, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.
Editor's note: This section is similar to former § 15-11-102 as it existed prior to 1995.
Cross references: For the descent and distribution of property of aliens, see § 15-11-111. For provisions relating to the time of taking effect or the provisions for transition of this code, see § 15-17-101.