Idaho Code § 15-2-102

Share of the spouse

Applied in 3 court decisions — leading case House v. Mine Safety Appliances Co. (1978)

Most recently applied in Fahey v. Cook (July 2024)

I.C., § 15-2 -102, as added by 1971, ch. 111, § 1, p. 233; am. 2001, ch. 330, § 1, p. 1160.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The intestate share of the surviving spouse is as follows:

(1) As to separate property: 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 (½) of the intestate estate;

(3) If there are surviving issue of the deceased spouse, one-half (½) of the intestate estate.

(4) As to community property: The one-half (½) of community property which belongs to the decedent passes to the surviving spouse.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.