• to the survivor of spouses and the children of the deceased; or
• if there are no children to the surviving spouse; or
• if there be no surviving spouse, to their children.

If a child is deceased and had children, then that child’s share shall pass to his or her children (grandchildren) of the deceased.

There is an exception to the rules above:

• if  the surviving spouse owns a place of residence equal in value to the homestead of the decedent; and
• if the deceased spouses have no children together or grandchildren; and
• if there are children or grandchildren of a former marriage.

In this case, the homestead of the decedent shall pass to those surviving children and grandchildren of the decedent by such former marriage, as other property, and not the surviving spouse. However, the surviving spouse nevertheless has homestead rights in the form of a life estate.

If there is no surviving spouse, children or grandchildren, then the property shall be liable for the debts of the deceased spouse and not be exempt from execution.

The homestead cannot be partitioned during the lifetime of the surviving spouse as long as the spouse occupies the homestead unless the spouse consents.