(1) The surviving spouse of the deceased as an heir on intestacy is entitled to one quarter of the inheritance together with relatives of the first degree, and to one half of the inheritance together with relatives of the second degree or together with grandparents. If both grandparents and descendants of grandparents are alive, the spouse also receives the share of the other half that under section 1926 would devolve to the descendants.
(2) If there are relatives neither of the first nor of the second degree nor grandparents who are alive, the surviving spouse receives the whole inheritance.
(3) The provision of section 1371 remains unaffected.
(4) If at the time of the devolution of the inheritance there was separation of property and if one or two children of the deceased are entitled as heirs on intestacy together with the surviving spouse, the surviving spouse and each child inherit in equal shares; section 1924 (3) applies in this case too.