reglab/housing_qa huggingface dataset:
UT Code § 75-2-109 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 1 - Intestate Succession|Section 109 - Advancements.

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 writing or the heir acknowledged in writing that the gift is an advancement; or     (b) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.       (2) For purposes of Subsection (1), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.     (3)   (a) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.     (b) If the amount of the advancement exceeds the share of the heir receiving the same, the heir is not required to refund any part of the advancement.      Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-110 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 1 - Intestate Succession|Section 110 - Debts to decedent.

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  Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-111 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 1 - Intestate Succession|Section 111 - Alienage.

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  Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-112 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 1 - Intestate Succession|Section 112 - Dower and curtesy abolished.

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
UT Code § 75-2-113 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 1 - Intestate Succession|Section 113 - Individuals related to decedent through two lines.

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
UT Code § 75-2-114 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 1 - Intestate Succession|Section 114 - Parent and child relationship.

 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, Chapter 15, Utah Uniform Parentage Act.     (2) An adopted individual is the child of the adopting parent or parents and not of the natural parents, but adoption of a child by the spouse of either natural parent has no effect on the relationship between the child and that natural parent.     (3) Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural parent's, and has not refused to support the child.    Amended by Chapter 142, 2014 General Session
UT Code § 75-2-201 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 201 - Definitions.

75-2-201. Definitions.  As used in this part:  (1) "Decedent's nonprobate transfers to others," as used in sections other than Section 75-2-205, means the amounts that are included in the augmented estate under Section 75-2-205.     (2) "Fractional interest in property held in joint tenancy with the right of survivorship," whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.     (3) "Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.     (4) "Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is considered to have a beneficial interest in the property.     (5) "Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.     (6) "Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors, his estate, or creditors of his estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.     (7) "Probate estate" means property that would pass by intestate succession if the decedent died without a valid will.     (8) "Property" includes values subject to a beneficiary designation.     (9) "Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.     (10) "Transfer," as it relates to a transfer by or of the decedent, includes:   (a) an exercise or release of a presently exercisable general power of appointment held by the decedent;     (b) a lapse at death of a presently exercisable general power of appointment held by the decedent; and     (c) an exercise, release, or lapse of a general power of appointment that the decedent created in himself and of a power described in Subsection 75-2-205(2)(b) that the decedent conferred on a nonadverse party.      Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-202 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 202 - Elective share -- Supplemental elective share amount -- Effect of election on statutory benefits -- Nondomicilary.

75-2-202. Elective share -- Supplemental elective share amount -- Effect of election on statutory benefits -- Nondomicilary.    (1) The surviving spouse of a decedent who dies domiciled in Utah has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of 1/3 of the augmented estate.     (2) If the sum of the amounts described in Subsection 75-2-209(1), and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under Subsections 75-2-209(2) and (3) is less than $75,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $75,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in Subsections 75-2-209(2) and (3).     (3) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property, and family allowance, if any, are charged against, and are not in addition to, the elective-share and supplemental elective-share amounts.     (4) The right, if any, of the surviving spouse of a decedent who dies domiciled outside Utah to take an elective share in property in Utah is governed by the law of the decedent's domicile at death.    Amended by Chapter 93, 2010 General Session
UT Code § 75-2-203 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 203 - Composition of the augmented estate.

75-2-203. Composition of the augmented estate.  Subject to Section 75-2-208 which provides for exclusions, valuation, and overlapping application, the value of the augmented estate, to the extent provided in Sections 75-2-204, 75-2-205, 75-2-206, and 75-2-207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute the decedent's net probate estate, the decedent's nonprobate transfers to others, the decedent's nonprobate transfers to the surviving spouse, and the surviving spouse's property and nonprobate transfers to others.  Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-204 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 204 - Decedent's net probate estate.

75-2-204. Decedent's net probate estate.  Unless excluded under Section 75-2-208, the value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims.  Amended by Chapter 142, 1999 General Session
UT Code § 75-2-206 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 206 - Decedent's nonprobate transfers to the surviving spouse.

75-2-206. Decedent's nonprobate transfers to the surviving spouse.  Excluding property passing to the surviving spouse under the federal Social Security system, any death benefits paid to the surviving spouse under any state workers' compensation law, and property excluded under Section 75-2-208, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including:  (1) the decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant;     (2) the decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and     (3) all other property that would have been included in the augmented estate under Subsection 75-2-205(1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.    Amended by Chapter 243, 2008 General Session
UT Code § 75-2-207 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 207 - Surviving spouse's property and nonprobate transfers to others -- Included property -- Time of valuation.

75-2-207. Surviving spouse's property and nonprobate transfers to others -- Included property -- Time of valuation.    (1) Except to the extent included in the augmented estate under Section 75-2-204 or 75-2-206 or excluded under Section 75-2-208, the value of the augmented estate includes the value of:   (a) property that was owned by the decedent's surviving spouse at the decedent's death, including:   (i) the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship;     (ii) the surviving spouse's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and     (iii) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property, or payments under the federal Social Security system; and       (b) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under Subsection (1)(a)(i) or (ii), had the spouse been the decedent.       (2) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of Subsections (1)(a)(i) and (ii), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of Subsection (1)(b), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under Subsection 75-2-205(1)(d) are not valued as if the spouse were deceased.     (3) The value of property included under this section is reduced by enforceable claims against the surviving spouse.    Repealed and Re-enacted by Chapter 39, 1998 General Session
UT Code § 75-2-209 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 209 - Sources from which elective share payable -- Elective share amount -- Unsatisfied balance.

75-2-209. Sources from which elective share payable -- Elective share amount -- Unsatisfied balance.    (1) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others:   (a) amounts included in the augmented estate under Section 75-2-204 that pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under Section 75-2-206;     (b) amounts included in the augmented estate under Section 75-2-207;     (c) the value at the decedent's death of the decedent's separate property, as defined in Section 75-2-208, that passes or has passed from the decedent to the decedent's surviving spouse by reason of the decedent's death, whether by testate or intestate succession or by nonprobate transfer at the decedent's death; and     (d) the surviving spouse's homestead allowance, exempt property, and family allowance, if any.       (2) If, after the application of Subsection (1), the elective-share amount is not fully satisfied or the surviving spouse is entitled to a supplemental elective-share amount, amounts included in the decedent's probate estate and in the decedent's nonprobate transfers to others, other than amounts included under Subsection 75-2-205(3)(a) or (c), are applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent's probate estate and that portion of the decedent's nonprobate transfers to others are so applied that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is equitably apportioned among the recipients of the decedent's probate estate and of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.     (3) If, after the application of Subsections (1) and (2), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others is so applied that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is equitably apportioned among the recipients of the remaining portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.    Amended by Chapter 142, 1999 General Session
UT Code § 75-2-210 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 210 - Personal liability of recipients.

75-2-210. Personal liability of recipients.    (1) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfers to him or to pay the value of the amount for which he is liable.     (2) If any section or subsection of this part is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in Section 75-2-209, to the person who would have been entitled to it were that section or subsection not preempted.    Enacted by Chapter 39, 1998 General Session
UT Code § 75-2-212 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 212 - Right of election personal to surviving spouse -- Incapacitated surviving spouse -- Custodial trust.

75-2-212. Right of election personal to surviving spouse -- Incapacitated surviving spouse -- Custodial trust.    (1) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under Subsection 75-2-211(1). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse's behalf by his conservator, guardian, or agent under the authority of a power of attorney.     (2) If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the court shall set aside that portion of the elective-share and supplemental elective-share amounts due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others under Subsections 75-2-209(2) and (3) and shall appoint a trustee to administer that property for the support of the surviving spouse. For the purposes of this subsection, an election on behalf of a surviving spouse by an agent under a durable power of attorney is presumed to be on behalf of a surviving spouse who is an incapacitated person. The trustee shall administer the trust in accordance with the following terms and such additional terms as the court determines appropriate:   (a) Expenditures of income and principal may be made in the manner, when, and to the extent that the trustee determines suitable and proper for the surviving spouse's support, without court order but with regard to other support, income, and property of the surviving spouse exclusive of benefits of medical or other forms of assistance from any state or federal government or governmental agency for which the surviving spouse shall qualify on the basis of need.     (b) During the surviving spouse's incapacity, neither the surviving spouse nor anyone acting on behalf of the surviving spouse has a power to terminate the trust; but if the surviving spouse regains capacity, the surviving spouse then acquires the power to terminate the trust and acquire full ownership of the trust property free of trust, by delivering to the trustee a writing signed by the surviving spouse declaring the termination.     (c) Upon the surviving spouse's death, the trustee shall transfer the unexpended trust property in the following order:   (i) under the residuary clause, if any, of the will of the predeceased spouse against whom the elective share was taken, as if that predeceased spouse died immediately after the surviving spouse; or     (ii) to the predeceased spouse's heirs under Section 75-2-711.        Enacted by Chapter 39, 1998 General Session
UT Code § 75-2-213 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 2 - Intestate Succession and Wills|Part 2 - Elective Share of Surviving Spouse|Section 213 - Waiver of right to elect and of other rights.

75-2-213. Waiver of right to elect and of other rights.    (1) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse.     (2) A surviving spouse's waiver is not enforceable if the surviving spouse proves that:   (a) he did not execute the waiver voluntarily; or     (b) the waiver was unconscionable when it was executed and, before execution of the waiver, he:   (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent;     (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and     (iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent.         (3) An issue of unconscionability of a waiver is for decision by the court as a matter of law.     (4) Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share, homestead allowance, exempt property, and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to him from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.    Enacted by Chapter 39, 1998 General Session