The intestate share of the surviving spouse is:

1. (1) if there is no surviving issue of the decedent, the entire intestate estate;
2. (2) if there are surviving issue, one-half of the intestate estate.

HISTORY: 1986 Act No. 539, SECTION 1; 2013 Act No. 100, SECTION 1, eff January 1, 2014.