reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 1 - Intestate Succession › Section 105 - No taker -- Minerals and mineral proceeds.

Effective 5/14/2019
75-2-105.
No taker -- Minerals and mineral proceeds.
(1) As used in this section:
(a) "Mineral" means the same as that term is defined in Section 67-4a-102.
(b) "Mineral proceeds" means the same as that term is defined in Section 67-4a-102.
(c) "Operator" means the same as that term is defined in Section 40-6-2, 40-8-4, or 40-10-3, and includes any other person holding mineral proceeds of an owner.
(d) "Owner" means the same as that term is defined in Section 38-10-101, 40-6-2, or 40-8-4.
(e) "Payor" means the same as that term is defined in Section 40-6-2, and includes a person who undertakes or has a legal obligation to distribute any mineral proceeds.
(2) If there is no taker under this chapter, the intestate estate passes upon the decedent's death to the state for the benefit of the permanent state school fund.
(3) When minerals or mineral proceeds pass to the state pursuant to Subsection (2), the Utah School and Institutional Trust Lands Administration shall administer the interests in the minerals or mineral proceeds for the support of the common schools pursuant to Sections 53C-1-102 and 53C-1-302, but may exercise its discretion to abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration.
(4) If a probate or other proceeding has not adjudicated the state's rights under Subsection (2), the state, and the Utah School and Institutional Trust Lands Administration with respect to any minerals or mineral proceeds referenced in Subsection (3), may bring an action in district court in any district in which part of the property related to the minerals or mineral proceeds is located to quiet title the minerals, mineral proceeds, or property.
(5) In an action brought under Subsection (4), the district court shall quiet title to the minerals, mineral proceeds, or property in the state if:
(a) no interested person appears in the action and demonstrates entitlement to the minerals, mineral proceeds, or property after notice has been given pursuant to Section 78B-6-1303 and in the manner described in Section 75-1-401; and
(b) the requirements of Section 78B-6-1315 are met.
(6)
(a) If an operator, owner, or payor determines that minerals or mineral proceeds form part of a decedent's intestate estate, and has not located an heir of the decedent, the operator, owner, or payor shall submit to the Utah School and Institutional Trust Lands Administration the information in the operator's, owner's, or payor's possession concerning the identity of the decedent, the results of a good faith search for heirs specified in Section 75-2-103, the property interest from which the minerals or mineral proceeds derive, and any potential heir.
(b) The operator, owner, or payor shall submit the information described in Subsection (6)(a) within 180 days of acquiring the information.
Amended by Chapter 264, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 1 - Intestate Succession › Section 107 - Kindred of half blood.

75-2-107.
Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Enacted by Chapter 150, 1975 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 3 - Spouse and Children Unprovided for in Wills › Section 302 - Omitted children.

75-2-302.
Omitted children.
(1) Except as provided in Subsection (2), if a testator fails to provide in his will for any of his children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate as follows:
(a) If the testator had no child living when he executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will.
(b) If the testator had one or more children living when he executed the will, and the will devised property or an interest in property to one or more of the then-living children, an omitted after-born or after-adopted child is entitled to share in the testator's estate as follows:
(i) The portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises made to the testator's then-living children under the will.
(ii) The omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in Subsection (1)(b)(i), that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises were made under the will and had given an equal share of the estate to each child.
(iii) To the extent feasible, the interest granted an omitted after-born or after-adopted child under this section shall be of the same character, whether equitable or legal, present or future, as that devised to the testator's then-living children under the will.
(iv) In satisfying a share provided by this section, devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then-living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator.
(2) Neither Subsection (1)(a) nor Subsection (1)(b) applies if:
(a) it appears from the will that the omission was intentional; or
(b) the testator provided for the omitted after-born or after-adopted child 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.
(3) If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child.
(4) In satisfying a share provided by Subsection (1)(a), devises made by the will abate under Section 75-3-902.
Amended by Chapter 324, 2010 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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