§42-5-5. Article Not Retroactive
This article shall not apply to the distribution of the property of a person who has died before it takes effect.
§42-5-6. Article Does Not Apply if Decedent Provides Otherwise
This article shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this article.
§42-5-7. Uniformity of Interpretation
This article shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
§42-5-8. Short Title
This article may be cited as the Uniform Simultaneous Death Act.
§42-5-9. Repeal of Inconsistent Laws
All laws or parts of laws inconsistent with the provisions of this article are hereby repealed.
§42-5-10. Severability
If any of the provisions of this article or the application thereof to any persons or circumstances is held invalid such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provisions or application, and to this end the provisions of this article are declared to […]
§42-3-3. Right of Election Personal to Surviving Spouse
(a) 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 (a), section four of this article. If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse's […]
§42-3-3a. Waiver of Right to Elect; Other Rights
(a) The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse. (b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that: (1) He or she did not execute the waiver voluntarily; […]
§42-3-4. Proceeding for Elective Share; Time Limit
(a) Except as provided in subsection (b) of this section, the election must 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 after the probate of the […]
§42-3-6. Charging Spouse With Owned Assets and Gifts Received; Liability of Others for Balance of Elective Share
(a) 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 reclaimable estate: (1) Amounts included in the augmented estate which pass or have passed to the surviving spouse by […]