For the purposes of this part 7, the term “governing instrument” shall be as defined in section 15-10-201 (22); except: “Governing instrument” shall not include a deed that transfers any interest in real property; however, section 15-11-712 shall apply to such deeds. As the application of a particular section is limited by its terms to […]
Requirement of survival by one hundred twenty hours under probate code. For the purposes of this code, except as provided in subsection (4) of this section, an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by one hundred twenty hours is deemed […]
The meaning and legal effect of a governing instrument is determined by the local law of the state selected by the transferor in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective-share described in part 2 of this article, the provisions relating to exempt property and […]
Definitions. In this section: “Adoptee” has the meaning set forth in section 15-11-115. “Child of assisted reproduction” has the meaning set forth in section 15-11-120. “Distribution date” means the date when an immediate or postponed class gift takes effect in possession or enjoyment. “Functioned as a parent of the adoptee” has the meaning set forth […]
Definitions. This section shall not apply to wills; beneficiary deeds; insurance or annuity policies; pension, profit sharing, retirement, or similar benefit plans; or a transfer of a vehicle title as described in section 42-6-110.5. As used in this section, unless the context otherwise requires: “Alternative beneficiary designation” means a beneficiary designation that is expressly created […]
Definitions. As used in this section, unless the context otherwise requires: “Alternative future interest” means an expressly created future interest that can take effect in possession or enjoyment instead of another future interest on the happening of one or more events, including survival of an event or failure to survive an event, whether an event […]
If a class gift in favor of “descendants”, “issue”, or “heirs of the body” does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such […]
Definitions. As used in this section, unless the context otherwise requires: “Deceased child” or “deceased descendant” means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date under section 15-11-702. “Distribution date”, with respect to an interest, means the time when the interest is to […]
The doctrine of worthier-title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor’s “heirs”, “heirs at law”, “next of kin”, “distributees”, “relatives”, or “family”, or language of similar import, does not create or presumptively create a reversionary […]
If an applicable statute or a governing instrument calls for a present or future distribution to, or creates a present or future interest in, a designated individual’s “heirs”, “heirs at law”, “next of kin”, “relatives”, or “family”, or language of similar import, the property passes to those persons in such shares as would succeed to […]
The rules of construction in this section shall control in those situations not subject to the control of section 15-11-702. Where the title to property or the devolution thereof depends upon priority of death and there is no clear and convincing evidence that the persons have died otherwise than simultaneously, the property of each person […]
If a decedent dies leaving a will that was executed or a trust that was created before September 12, 1981, which will or trust contains a formula expressly providing that the decedent’s spouse or a qualifying trust is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law, such […]
