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Section 401 – Exempt property and allowances — Applicable law.

75-2-401. Exempt property and allowances — Applicable law. This part applies to the estate of a decedent who dies domiciled in Utah. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in Utah are governed by the law of the decedent’s domicile at death. Repealed and Re-enacted by […]

Section 402 – Homestead allowance.

75-2-402. Homestead allowance. A decedent’s surviving spouse is entitled to a homestead allowance of $22,500. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $22,500 divided by the number of minor and dependent children of the decedent. The homestead allowance […]

Section 403 – Exempt property.

75-2-403. Exempt property. In addition to the homestead allowance, the decedent’s surviving spouse is entitled from the estate to a value, not exceeding $15,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the decedent’s children are entitled jointly to the same […]

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 […]