The intestate share of the surviving spouse is as follows:
(a) As to separate property:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;
(2) If there is no surviving issue but the decedent is survived by a parent or parents, one-half (1/2) of the intestate estate;
(3) If there are surviving issue of the deceased spouse, one-half (1/2) of the intestate estate.
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Terms Used In Idaho Code 15-2-102

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.
  • Property: includes both real and personal property. See Idaho Code 73-114
(b) As to community property:
(1) The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse.