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 Section 75-2-208, the value of the augmented estate includes
the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist
of all property that passed outside probate at the decedent's death from the decedent to the
surviving spouse by reason of the decedent's death, including:
(1) the decedent's fractional interest in property held as a joint tenant with the right of
survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as
surviving joint tenant;
(2) the decedent's ownership interest in property or accounts held in co-ownership
registration with the right of survivorship, to the extent the decedent's ownership interest passed
to the surviving spouse as surviving co-owner; and
(3) all other property that would have been included in the augmented estate under
Subsection 75-2-205(1) or (2) had it passed to or for the benefit of a person other than the
decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate
creditors.
Amended by Chapter 243, 2008 General Session
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Last revised: Thursday, May 28, 2009