Section 404 – Family allowance.
75-2-404. Family allowance. (1) In addition to the right to homestead allowance and exempt property, the decedent’s surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance […]
Section 405 – Source, determination, and documentation.
75-2-405. Source, determination, and documentation. (1) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt […]
Section 501 – Who may make will.
75-2-501. Who may make will. An individual 18 or more years of age who is of sound mind may make a will. Repealed and Re-enacted by Chapter 39, 1998 General Session
Section 502 – Execution — Witnessed wills — Holographic wills.
75-2-502. Execution — Witnessed wills — Holographic wills. (1) Except as provided in Subsection (2) and in Sections 75-2-503, 75-2-506, and 75-2-513, a will shall be: (a) in writing; (b) signed by the testator or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction; and (c) […]
Section 209 – Sources from which elective share payable — Elective share amount — Unsatisfied balance.
75-2-209. Sources from which elective share payable — Elective share amount — Unsatisfied balance. (1) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent’s probate estate and recipients of the decedent’s nonprobate transfers to others: (a) […]
Section 210 – Personal liability of recipients.
75-2-210. Personal liability of recipients. (1) Only original recipients of the decedent’s nonprobate transfers to others, and the donees of the recipients of the decedent’s nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse’s elective-share or […]
Section 211 – Proceeding for elective share — Time limit.
75-2-211. Proceeding for elective share — Time limit. (1) Except as provided in Subsection (2), the election shall be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent’s death, or within six months […]
Section 212 – Right of election personal to surviving spouse — Incapacitated surviving spouse — Custodial trust.
75-2-212. Right of election personal to surviving spouse — Incapacitated surviving spouse — Custodial trust. (1) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under Subsection 75-2-211(1). If the election is not exercised by the surviving […]
Section 213 – Waiver of right to elect and of other rights.
75-2-213. Waiver of right to elect and of other rights. (1) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver […]
Section 204 – Decedent’s net probate estate.
75-2-204. Decedent’s net probate estate. Unless excluded under Section 75-2-208, the value of the augmented estate includes the value of the decedent’s probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims. Amended by Chapter 142, 1999 General Session