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

1. (1) The entire intestate estate if:

   1. (i) No descendant of the decedent survives the decedent; or
   2. (ii) All of the decedent's surviving descendants are also descendants of the surviving spouse;
2. (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.