14-2301. Entitlement of spouse; premarital will

A. If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive as an intestate share that is not less than the value of the share of the estate the spouse would have received if the testator had died intestate as to any portion of the testator's estate that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of that child or that passes under section 14-2603 or 14-2604 to that child or to a descendant of that child, unless:

1. It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse.

2. The will expresses the intention that it is to be effective notwithstanding any subsequent marriage.

3. The testator provided for the spouse by transfer outside the will and the intent that the transfer is in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence.

B. In satisfying the share provided by subsection A of this section, any devises made by the will to the testator's surviving spouse are applied first. Other devises abate pursuant to section 14-3902 unless the devise is to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or is a devise or substitute gift under section 14-2603 or 14-2604 to a descendant of that child.