Title 75, Title 75: Utah Uniform Probate Code

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 Subsectionis 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 will is signed…

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

75-2-1406. Harmless error. Sectionapplies 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 subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or a physical act if it is established by…

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, means the amounts that are included in the augmented estate under Section. 75-2-205 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 Sectionwhich provides for exclusions, valuation, and overlapping application, the value of the augmented estate, to the extent provided in Sections,,, and, consists of the sum of the values of all property, whether real or…

75-2-204. Decedent's net probate estate. Unless excluded under Section, 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 …

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

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 Sectionoror excluded under Section, the value of the augmented estate includes the value of: 75-2-20…

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,,, and. Prop…

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, 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 of …

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. If t…

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 Sectiona 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 ite…

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 …

75-2-302. Omitted children. (1) Except as provided in Subsection, 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: (2) If th…

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 …

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…

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…

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 reaso…

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…

75-2-501. Who may make will -- Testamentary capacity. (1) An individual may make a will if the individual: is 18 years old or older; and has testamentary capacity at the time that the will is executed. (2) A testator has testamentary capacity under Subsectionif the testator: (1) …

75-2-502. Execution -- Witnessed wills -- Holographic wills. (1) Except as provided in Subsectionand in Sections,, and, a will shall be: (2) 75-2-503 75-2-506 75-2-513 in writing; signed by the testator or in the testator's name by some other individual in the testator's consciou…

75-2-503. Writings intended as wills. Although a document or writing added upon a document was not executed in compliance with Section, 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 establ…

75-2-504. Self-proved will. (1) A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execut…

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.

75-2-506. Choice of law as to execution. A written will is valid if executed in compliance with Sectionoror 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…

75-2-507. Revocation by writing or by act. (1) A will or any part thereof is revoked: by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or by performing a revocatory act on the will, if the testator performed the act with the int…

75-2-508. Revocation by change of circumstances. Except as provided in Sections,, and, a change of circumstances does not revoke a will or any part of it.

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, the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances…

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.

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: during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unf…

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 …

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 specifi…

75-2-514. Contracts concerning succession. (1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after July 1, 1998, may be established only by: provisions of a will stating material provisions of the contract; an express ref…

75-2-515. Penalty clause for contest. A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.