Utah § 75-2-102 Intestate share of spouse.

Utah Statutes

§ 75-2-102 — Intestate share of spouse.

Utah § 75-2-102

Title 75Utah Uniform Probate Code

Ch. 75-2Intestate Succession and Wills

Part 75-2-1Intestate Succession

This text of Utah § 75-2-102 (Intestate share of spouse.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 75-2-102 (2026).

Text

(1)The intestate share of a decedent's surviving spouse is:

(1)(a) the entire intestate estate if:

(1)(a)(i) no descendant of the decedent survives the decedent; or

(1)(a)(ii) all of the decedent's surviving descendants are also descendants of the surviving spouse;

(1)(b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

(2)For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Sectio

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(1) The intestate share of a decedent's surviving spouse is:

(1)(a) the entire intestate estate if:
(1)(a)(i) no descendant of the decedent survives the decedent; or
(1)(a)(ii) all of the decedent's surviving descendants are also descendants of the surviving spouse;
(1)(b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
(2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.