Ownership of Property Set Aside

When property other than a homestead selected and recorded during the lifetime of the decedent, is set apart to the use of the decedent's COL120106 CH. 24 SUPPORT OF FAMILY: HOMESTEAD AND EXEMPT PROPERTY, FAMILY ALLOWANCE family, in accordance with the provisions of this Chapter, such property, if the decedent left a surviving spouse and no minor child, is the property of such surviving spouse; if the decedent left also a minor child or children, one-half

(2)of such property belongs to the surviving spouse and the remainder to the child or in equal shares to the children; if there is no surviving spouse, the whole belongs to the minor child or children.