Title 53, Chapter 3, Section 8
( 53-3-8)
(a) If the decedent leaves minor children by different spouses, the
probate court shall specify the portion going to the children of the
former spouse or spouses, which portion shall vest in those
children. (b) If the decedent leaves minor children and the surviving spouse
is the parent of the minor children, the probate court may in its
discretion specify separate portions for the minor children and the
surviving spouse if the court deems the award of separate portions
to be in the best interests of the parties, and the portions shall
vest separately in the surviving spouse and the children. |