Idaho Statutes
§ 15-2-102 — SHARE OF THE SPOUSE
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.
(b)As to community property:
(1)The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse.
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Related
House v. Mine Safety Appliances Co.
573 F.2d 609 (Ninth Circuit, 1978)
Everett v. Trunnell
673 P.2d 387 (Idaho Supreme Court, 1983)
Nebeker v. Piper Aircraft Corp.
747 P.2d 18 (Idaho Supreme Court, 1987)
Hogan v. Hermann
623 P.2d 900 (Idaho Supreme Court, 1980)
Travelers Insurance Company v. Johnson
544 P.2d 294 (Idaho Supreme Court, 1975)
Schiess v. Bates
693 P.2d 440 (Idaho Supreme Court, 1984)
Matter of Estate of Freeburn
620 P.2d 773 (Idaho Supreme Court, 1980)
Carter v. Carter
146 P.3d 639 (Idaho Supreme Court, 2006)
In Re Reichert
516 P.2d 704 (Idaho Supreme Court, 1973)
Barringer v. State
727 P.2d 1222 (Idaho Supreme Court, 1986)
Reichert v. Sunshine Mining Co.
516 P.2d 704 (Idaho Supreme Court, 1973)
Legislative History
[I.C., sec. 15-2-102, as added by 1971, ch. 111, sec. 1, p. 233; am. 2001, ch. 330, sec. 1, p. 1160.]
Nearby Sections
15
§ 15-1-101
SHORT TITLE§ 15-1-102
PURPOSES — RULE OF CONSTRUCTION§ 15-1-104
SEVERABILITY§ 15-1-105
CONSTRUCTION AGAINST IMPLIED REPEAL§ 15-1-106
EFFECT OF FRAUD AND EVASION§ 15-1-107
EVIDENCE AS TO DEATH OR STATUS§ 15-1-108
ACTS BY HOLDER OF GENERAL POWER§ 15-1-201
GENERAL DEFINITIONS§ 15-1-301
TERRITORIAL APPLICATION§ 15-1-303
VENUE — MULTIPLE PROCEEDINGS — TRANSFER§ 15-1-305
RECORDS AND CERTIFIED COPIES§ 15-1-305A
RECORDING PERMITTED — EFFECT§ 15-1-306
JURY TRIAL