Title 40

(a) Sections 40-15B-1 to 40-15B-12, inclusive, of this chapter do not apply with respect to a decedent who dies before January 1, 2008, nor with respect to a decedent who dies after December 31, 2007, if the decedent continuously lacked testamentary capacity from January 1, 2008,…

In this chapter: (1) “Apportionable estate” means the value of the gross estate as finally determined for purposes of the estate tax to be apportioned reduced by: (A) any claim or expense allowable as a deduction for purposes of the tax; (B) the value of any interest in property …

(a) Except as otherwise provided in subsection (c), the following rules apply: (1) To the extent that a provision of a decedent’s will expressly and unambiguously directs the apportionment of an estate tax, the tax must be apportioned accordingly. (2) Any portion of an estate tax…

To the extent that apportionment of an estate tax is not controlled by an instrument described in Section 40-15B-3 and except as otherwise provided in Sections 40-15B-6 and 40-15B-7, the following rules apply: (1) Subject to paragraphs (2), (3), and (4), the estate tax is apporti…

Except as otherwise provided in Sections 40-15B-6 and 40-15B-7, the following rules apply to credits and deferrals of estate taxes: (1) A credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benefit of all pe…

(a) In this section: (1) “Advanced fraction” means a fraction that has as its numerator the amount of the advanced tax and as its denominator the value of the interests in insulated property to which that tax is attributable. (2) “Advanced tax” means the aggregate amount of estat…

(a) In this section: (1) “Special elective benefit” means a reduction in an estate tax obtained by an election for: (A) a reduced valuation of specified property that is included in the gross estate; (B) a deduction from the gross estate, other than a marital or charitable deduct…

(a) A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made. (b) A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the…

(a) A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by the person. (b) Except as otherwise provided in Section 40-15B-6, any estate tax due from a person that cannot be collected from the …