Title 75, Utah Uniform Probate Code

75-2-104. Requirement of survival by 120 hours -- Individual in gestation. (1) For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in Subsection (2), the following rules apply: (a) An individual born before a decedent's…

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 t…

75-2-106. Definitions -- Per capita at each generation -- Terms in governing instruments. (1) As used in this section: (a) "Deceased descendant," "deceased parent," or "deceased grandparent" means a descendant, parent, or grandparent who either predeceased the decedent or is cons…

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.

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 on…

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.

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.

75-2-112. Dower and curtesy abolished. The estates of dower and curtesy are abolished.

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.

75-2-114. Parent and child relationship. (1) As used in this section, "pre-existing parent" means the same as that term is defined in Section 81-13-101. (2)(a) Except as provided in Subsections (3) and (4), for purposes of intestate succession by, through, or from a person, an in…

75-2-1201. Statutory Rule Against Perpetuities. This part is known as the "Statutory Rule Against Perpetuities."

75-2-1202. Uniformity of application and construction. This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it.

75-2-1203. Validity of nonvested property interest -- Validity of general power of appointment subject to a condition precedent -- Validity of nongeneral or testamentary power of appointment -- Effect of certain "later-of" type language. (1) A nonvested property interest is inval…

75-2-1204. When nonvested property interest or power of appointment created. (1) Except as otherwise provided in this section or Section 75-2-1207, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property l…

75-2-1205. Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 1,000 years allowed by Section 75-2-1203 if: (1) a nonvested prope…

75-2-1206. Exclusions from statutory rule against perpetuities. Section 75-2-1203 does not apply to: (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: (…

75-2-1206.5. Savings provision. A property interest that becomes invalid pursuant to Section 75-2-1203 upon the expiration of the 1,000-year period shall be distributed as follows: (1) If the property interest is payable to one person, it shall be distributed to that person. If t…

75-2-1207. Prospective application. (1)(a) Except as extended by Subsection (2), this section applies to a nonvested property interest or a power of appointment that is created on or after December 31, 2003. (b) For purposes of this section, a nonvested property interest or a pow…

75-2-1208. Rule against perpetuities does not apply. The common law rule against perpetuities does not apply in this state.

75-2-1209. Real estate conveyed to a trust under the Statutory Rule Against Perpetuities. On or after the effective date, when title to real property is granted to the trustee of a trust governed by Title 75, Chapter 2, Part 12, Statutory Rule Against Perpetuities, the terms of t…

75-2-1301. Transitional provisions. (1) On July 1, 1998: (a) Any act done in any proceeding and any right accrued before July 1, 1998, is not impaired by the provisions of this title. (b) If a right is acquired, extinguished, or barred on the expiration of a prescribed period of …

75-2-1401. Title. This part is known as the "Uniform Electronic Wills Act."

75-2-1402. Definitions. As used in this part: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) "Electronic presence" means the relationship of two or more individuals in different …

75-2-1403. Law applicable to electronic will -- Principles of equity. (1) An electronic will is a will for all purposes of the law of this state. (2) The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this part.

75-2-1404. Choice of law regarding execution. A will executed electronically but not in compliance with Subsection 75-2-1405(1) is an electronic will under this part if executed in compliance with the law of the jurisdiction where the testator is: (1) physically located when the …

75-2-1405. Execution of an electronic will. (1) Subject to Subsection 75-2-1408(4) and except as provided in Section 75-2-1406, an electronic will shall be: (a) a record that is readable as text at the time of signing under Subsection (1)(b); (b) signed: (i) by the testator; or (…

75-2-1406. Harmless error. Section 75-2-503 applies to a will executed electronically.

75-2-1407. Revocation. (1) An electronic will may revoke all or part of a previous will. (2) All or part of an electronic will is revoked by: (a) a subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (b) a physical act if it is establ…

75-2-1408. Electronic will attested and made self-proving at time of execution. (1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. (2) The acknowledgment and affidavits under Su…

75-2-1409. Certification of paper copy. (1) An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. (2) If the electronic wi…

75-2-1410. Uniformity of application and construction. In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of this uniform act among states that enact this uniform act.

75-2-1411. Transitional provision. This part applies to the will of a decedent who dies on or after the effective date of this part.

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 te…

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 tak…

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 …

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 enf…

75-2-205. Decedent's nonprobate transfers to others. Unless excluded under Section 75-2-208, the value of the augmented estate includes the value of the decedent's nonprobate transfers to others, not included under Section 75-2-204, of any of the types described in this section, …

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 S…

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 i…

75-2-208. Exclusions, valuation, and overlapping application. (1) The value of any separate property of the decedent or the decedent's surviving spouse is excluded from the augmented estate even if it otherwise would be included in the augmented estate under Sections 75-2-204, 75…

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'…

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 …

75-2-211. Proceeding for elective share -- Time limit. (1) Except as provided in Subsection (2), the election shall be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date…

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-…

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 marria…

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 transfer…