75-2-202 - Elective share -- Supplemental elective share amount -- Effect of election on statutory benefits -- Nondomicilary. - Utah Statutes

75-2-202. Elective share -- Supplemental elective share amount -- Effect of electionon statutory benefits -- Nondomicilary.
(1) The surviving spouse of a decedent who dies domiciled in Utah has a right ofelection, under the limitations and conditions stated in this part, to take an elective-share amountequal 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 theelective-share amount payable from the decedent's probate estate and nonprobate transfers toothers under Subsections 75-2-209(2) and (3) is less than $75,000, the surviving spouse isentitled to a supplemental elective-share amount equal to $75,000, minus the sum of the amountsdescribed in those sections. The supplemental elective-share amount is payable from thedecedent's probate estate and from recipients of the decedent's nonprobate transfers to others inthe 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, thesurviving spouse's homestead allowance, exempt property, and family allowance, if any, arecharged against, and are not in addition to, the elective-share and supplemental elective-shareamounts.
(4) The right, if any, of the surviving spouse of a decedent who dies domiciled outsideUtah to take an elective share in property in Utah is governed by the law of the decedent'sdomicile at death.

Amended by Chapter 93, 2010 General Session