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 take an elective-share amount
equal to the value of 1/3 of the augmented estate.
(2) If the sum of the amounts described in Subsection 75-2-209(1), and that part of the
elective-share amount payable from the decedent's probate estate and nonprobate transfers to
others under Subsections 75-2-209(2) and (3) is less than $25,000, the surviving spouse is entitled
to a supplemental elective-share amount equal to $25,000, minus the sum of the amounts
described in those sections. The supplemental elective-share amount is payable from the
decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in
the order of priority set forth in Subsections 75-2-209(2) and (3).
(3) If the right of election is exercised by or on behalf of the surviving spouse, the
surviving spouse's homestead allowance, exempt property, and family allowance, if any, are
charged against, and are not in addition to, the elective-share and supplemental elective-share
amounts.
(4) The right, if any, of the surviving spouse of a decedent who dies domiciled outside
Utah to take an elective share in property in Utah is governed by the law of the decedent's
domicile at death.
Amended by Chapter 142, 1999 General Session
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Last revised: Thursday, May 28, 2009