The intestate share of a decedent‘s surviving spouse is:

(1) The entire intestate estate if:

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(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.