2006 Utah Code - 75-2-103 — Share of heirs other than surviving spouse.

     75-2-103.   Share of heirs other than surviving spouse.
     (1) Any part of the intestate estate not passing to the 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 designated below who survive the decedent:
     (a) to the decedent's descendants per capita at each generation as defined in Subsection 75-2-106(2);
     (b) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;
     (c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation as defined in Subsection 75-2-106(3);
     (d) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection 75-2-106(3); and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
     (2) For purposes of Subsections (a), (b), (c), and (d), any nonprobate transfer, as defined in Section 75-2-205, received by an heir is chargeable against the intestate share of such heir.

Repealed and Re-enacted by Chapter 39, 1998 General Session