reglab/housing_qa huggingface dataset:
UT Code § 75-2-214 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 214 - Protection of payors and other third parties.

75-2-214. Protection of payors and other third parties.    (1) Although under Section 75-2-205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or spouse's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed.     (2) A written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed shall be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property, and, upon its determination under Subsection 75-2-211(4), shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under Subsection 75-2-211(1) or, if filed, the demand for an elective share is withdrawn under Subsection 75-2-211(3), the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made into court discharge the payor or other third party from all claims for amounts so paid or the value of property so transferred or deposited.     (3) Upon petition to the probate court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this part.    Enacted by Chapter 39, 1998 General Session
UT Code § 75-2-301 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 3 - Spouse and Children Unprovided for in Wills|Section 301 - Entitlement of spouse -- Premarital will.

75-2-301. Entitlement of spouse -- Premarital will.    (1) If a testator's surviving spouse married the testator after the testator executed his will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate he would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of such a child or passes under Section 75-2-603 or 75-2-604 to such a child or to a descendant of such a child, unless:   (a) it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse;     (b) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or     (c) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence.       (2) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift under Section 75-2-603 or 75-2-604 to a descendant of such a child, abate as provided in Section 75-3-902.    Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-401 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 4 - Exempt Property and Allowances|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 Chapter 39, 1998 General Session
UT Code § 75-2-402 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 4 - Exempt Property and Allowances|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 is exempt from and has priority over all claims of the estate. Unless otherwise provided by the will or governing instrument, the homestead allowance is chargeable against any benefit or share passing to the surviving spouse, minor, or dependent child, by the will of the decedent, by intestate succession, by way of elective share, and by way of nonprobate transfers as defined in Sections 75-2-205 and 75-2-206.  Amended by Chapter 93, 2010 General Session
UT Code § 75-2-403 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 4 - Exempt Property and Allowances|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 value. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $15,000, or if there is not $15,000 worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the $15,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to any assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of homestead allowance and family allowance. Unless otherwise provided by the will or governing instrument, the exempt property allowance is chargeable against any benefit or share passing to the surviving spouse, if any, or if there is no surviving spouse, to the decedent's children, by the will of the decedent, by intestate succession, by way of elective share, and by way of nonprobate transfers as defined in Sections 75-2-205 and 75-2-206.  Amended by Chapter 93, 2010 General Session
UT Code § 75-2-404 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 4 - Exempt Property and Allowances|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 during the period of administration, which allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise to the children, or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or his guardian or other person having the child's care and custody, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims except the homestead allowance.     (2) Unless otherwise provided by the will or governing instrument, the family allowance is chargeable against any benefit or share passing to the surviving spouse or minor children, by the will of the decedent, by intestate succession, by way of elective share, and by way of nonprobate transfers as defined in Sections 75-2-205 and 75-2-206. The death of any person entitled to family allowance terminates the right to allowances not yet paid.    Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-405 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 4 - Exempt Property and Allowances|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 property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $27,000 or periodic installments not exceeding $2,250 per month for one year, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined.     (2) If the right to an elective share is exercised on behalf of a surviving spouse who is an incapacitated person, the personal representative may add any unexpended portions payable under the homestead allowance, exempt property, and family allowance to the trust established under Subsection 75-2-212(2).    Amended by Chapter 93, 2010 General Session
UT Code § 75-2-501 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 501 - Who may make will.

75-2-501. Who may make will.  An individual 18 or more years of age who is of sound mind may make a will.  Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-502 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 502 - Execution -- Witnessed wills -- Holographic wills.

75-2-502. Execution -- Witnessed wills -- Holographic wills.    (1) Except as provided in Subsection (2) and in Sections 75-2-503, 75-2-506, and 75-2-513, a will shall be:   (a) in writing;     (b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and     (c) signed by at least two individuals, each of whom signed within a reasonable time after he witnessed either the signing of the will as described in Subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will.       (2) A will that does not comply with Subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.     (3) Intent that the document constitutes the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.    Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-503 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 503 - Writings intended as wills.

75-2-503. Writings intended as wills.  Although a document or writing added upon a document was not executed in compliance with Section 75-2-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute:  (1) the decedent's will;     (2) a partial or complete revocation of the will;     (3) an addition to or an alteration of the will; or     (4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.    Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-505 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 505 - Who may witness.

75-2-505. Who may witness.    (1) An individual generally competent to be a witness may act as a witness to a will.     (2) The signing of a will by an interested witness does not invalidate the will or any provision of it.    Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-506 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 506 - Choice of law as to execution.

75-2-506. Choice of law as to execution.  A written will is valid if executed in compliance with Section 75-2-502 or 75-2-503 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.  Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-507 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 507 - Revocation by writing or by act.

75-2-507. Revocation by writing or by act.    (1) A will or any part thereof is revoked:   (a) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or     (b) by performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection, "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a "revocatory act on the will," whether or not the burn, tear, or cancellation touched any of the words on the will.       (2) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will.     (3) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death.     (4) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.    Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-508 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 508 - Revocation by change of circumstances.

 Effective 5/5/2021  75-2-508. Revocation by change of circumstances.  Except as provided in Sections 75-2-803, 75-2-804, and 75-2-807, a change of circumstances does not revoke a will or any part of it. Amended by Chapter 225, 2021 General Session
UT Code § 75-2-509 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 509 - Revival of revoked will.

75-2-509. Revival of revoked will.    (1) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under Subsection 75-2-507(1)(b), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed.     (2) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under Subsection 75-2-507(1)(b), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed.     (3) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.    Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-510 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 510 - Incorporation by reference.

75-2-510. Incorporation by reference.  A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.  Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-511 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 511 - Testamentary additions to trusts.

75-2-511. Testamentary additions to trusts.    (1) A will may validly devise property to the trustee of a trust established or to be established:   (a) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts; or     (b) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death.       (2) Unless the testator's will provides otherwise, property devised to a trust described in Subsection (1) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death.     (3) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.    Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-512 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 512 - Events of independent significance.

75-2-512. Events of independent significance.  A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.  Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-513 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 5 - Wills|Section 513 - Separate writing identifying devise of certain types of tangible personal property.

75-2-513. Separate writing identifying devise of certain types of tangible personal property.  Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.  Repealed and Re-enacted by Chapter 39, 1998 General Session