75-2-209 - Sources from which elective share payable -- Elective share amount -- Unsatisfied balance. - Utah Statutes

75-2-209. Sources from which elective share payable -- Elective share amount --Unsatisfied balance.
(1) In a proceeding for an elective share, the following are applied first to satisfy theelective-share amount and to reduce or eliminate any contributions due from the decedent'sprobate estate and recipients of the decedent's nonprobate transfers to others:
(a) amounts included in the augmented estate under Section 75-2-204 that pass or havepassed to the surviving spouse by testate or intestate succession and amounts included in theaugmented estate under Section 75-2-206;
(b) amounts included in the augmented estate under Section 75-2-207;
(c) the value at the decedent's death of the decedent's separate property, as defined inSection 75-2-208, that passes or has passed from the decedent to the decedent's surviving spouseby reason of the decedent's death, whether by testate or intestate succession or by nonprobatetransfer at the decedent's death; and
(d) the surviving spouse's homestead allowance, exempt property, and family allowance,if any.
(2) If, after the application of Subsection (1), the elective-share amount is not fullysatisfied or the surviving spouse is entitled to a supplemental elective-share amount, amountsincluded in the decedent's probate estate and in the decedent's nonprobate transfers to others, otherthan amounts included under Subsection 75-2-205(3)(a) or (c), are applied first to satisfy theunsatisfied balance of the elective-share amount or the supplemental elective-share amount. Thedecedent's probate estate and that portion of the decedent's nonprobate transfers to others are soapplied that liability for the unsatisfied balance of the elective-share amount or for thesupplemental elective-share amount is equitably apportioned among the recipients of thedecedent's probate estate and of that portion of the decedent's nonprobate transfers to others inproportion to the value of their interests therein.
(3) If, after the application of Subsections (1) and (2), the elective-share or supplementalelective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobatetransfers to others is so applied that liability for the unsatisfied balance of the elective-share orsupplemental elective-share amount is equitably apportioned among the recipients of theremaining portion of the decedent's nonprobate transfers to others in proportion to the value oftheir interests therein.

Amended by Chapter 142, 1999 General Session