75-2-101. Intestate succession. (1) Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as provided in this title, except as modified by the decedent’s will. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed […]
75-2-102. Intestate share of spouse. (1) The intestate share of a decedent’s surviving spouse is: (a) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent’s surviving descendants are also descendants of the surviving spouse; (b) the first $75,000, plus 1/2 of any balance of […]
75-2-103. Share of heirs other than surviving spouse. (1) Any part of the intestate estate not passing to a decedent’s surviving spouse under Section 75-2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: (a) to the decedent’s descendants per capita […]
75-2-104. Requirement of survival by 120 hours — Individual in gestation. (1) For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in Subsection (2), the following rules apply: (a) An individual born before a decedent’s death who fails to survive the decedent by 120 hours is considered to have […]
Effective 5/14/2019 75-2-105. No taker — Minerals and mineral proceeds. (1) As used in this section: (a) “Mineral” means the same as that term is defined in Section 67-4a-102. (b) “Mineral proceeds” means the same as that term is defined in Section 67-4a-102. (c) “Operator” means the same as that term is defined in Section […]
75-2-106. Definitions — Per capita at each generation — Terms in governing instruments. (1) As used in this section: (a) “Deceased descendant,” “deceased parent,” or “deceased grandparent” means a descendant, parent, or grandparent who either predeceased the decedent or is considered to have predeceased the decedent under Section 75-2-104. (b) “Surviving descendant” means a descendant […]
75-2-107. Kindred of half blood. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. Enacted by Chapter 150, 1975 General Session
75-2-109. Advancements. (1) If an individual dies intestate as to all or a portion of his estate, property the decedent gave during the decedent’s lifetime to an individual who, at the decedent’s death, is an heir is treated as an advancement against the heir’s intestate share only if: (a) the decedent declared in a contemporaneous […]
75-2-110. Debts to decedent. A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants. Repealed and Re-enacted by Chapter 39, 1998 General […]
75-2-111. Alienage. No individual is disqualified to take as an heir because the individual or an individual through whom he claims is or has been an alien. Repealed and Re-enacted by Chapter 39, 1998 General Session
75-2-112. Dower and curtesy abolished. The estates of dower and curtesy are abolished. Repealed and Re-enacted by Chapter 39, 1998 General Session
75-2-113. Individuals related to decedent through two lines. An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. Repealed and Re-enacted by Chapter 39, 1998 General Session
Effective 5/13/2014 75-2-114. Parent and child relationship. (1) Except as provided in Subsections (2) and (3), for purposes of intestate succession by, through, or from a person, an individual is the child of the individual’s natural parents, regardless of their marital status. The parent and child relationship may be established as provided in Title 78B, […]
