Utah § 75-2-301 Entitlement of spouse -- Premarital will.

Utah Statutes

§ 75-2-301 — Entitlement of spouse -- Premarital will.

Utah § 75-2-301

Title 75Utah Uniform Probate Code

Ch. 75-2Intestate Succession and Wills

Part 75-2-3Spouse and Children Unprovided for in Wills

This text of Utah § 75-2-301 (Entitlement of spouse -- Premarital will.) 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. § 75-2-301 (2026).

Text

(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:

(1)(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;

(1)(b) the will expr

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(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:

(1)(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;
(1)(b) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or
(1)(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.