2017 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 2 - Intestate Succession and Wills
Part 1 - Intestate Succession
Section 102 - Intestate share of spouse.

Universal Citation: UT Code § 75-2-102 (2017)
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 the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
  • (2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.


Amended by Chapter 93, 2010 General Session
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