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75-2-102. Intestate share of spouse.
(1) The intestate share of a decedent's surviving spouse is: (a) the entire
intestate estate if:
(i) no descendant of the decedent survives the decedent; or
(ii) all of the decedent's surviving descendants are also descendants of the
surviving spouse;
(b) the first $75,000, plus 1/2 of any balance of the intestate estate, if
one or more of the decedent's surviving descendants are not descendants of
the surviving spouse.
(2) For purposes of Subsection (1)(b), if the intestate estate passes to
both the decedent's surviving spouse and to other heirs, then any nonprobate
transfer, as defined in Section 75-2-206, received by the surviving spouse
is added to the probate estate in calculating the intestate heirs' shares
and is conclusively treated as an advancement under Section 75-2-109 in
determining the spouse's share.
75-2-103. Share of heirs other than surviving spouse.
(1) Any part of the intestate estate not passing to a decedent's surviving
spouse under Section 75-2-102, or the entire intestate estate if there is no
surviving spouse, passes in the following order to the individuals who
survive the decedent:
(a) to the decedent's descendants per capita at each generation as defined
in Subsection 75-2-106(2);
(b) if there is no surviving descendant, to the decedent's parents equally
if both survive, or to the surviving parent if only one survives;
(c) if there is no surviving descendant or parent,
to the descendants of the decedent's parents or either of them per capita at
each generation as defined in Subsection 75-2-106(3);
(d) if there is no surviving descendant, parent, or descendant of a parent,
but the decedent is survived on both the paternal and maternal sides by one
or more grandparents or descendants of grandparents:
(i) half to the decedent's paternal grandparents equally if both survive, or
to the surviving paternal grandparent if only one survives, or to the
descendants of the decedent's paternal grandparents or either of them if
both are deceased, the descendants taking per capita at each generation as
defined in Subsection 75-2-106(3); and
(ii) half to the decedent's maternal grandparents equally if both survive,
to the surviving maternal grandparent if only one survives, or to the
descendants of the decedent's maternal grandparents or either of them if
both are deceased, the descendants taking per capita at each generation as
defined in Subsection 75-2-106(3);
(e) if there is no surviving descendant, parent, or descendant of a parent,
but the decedent is survived by one or more grandparents or descendants of
grandparents on the paternal but not the maternal side, or on the maternal
but not the paternal side, to the decedent's relatives on the side with one
or more surviving members in the same manner as the half described in
Subsection (1)(d);
(f) if there is no taker under Subsection (1)(a), (b), (c), (d), or (e), but
the decedent has:
(i) one deceased spouse who has one or more descendants who survive the
decedent, the estate or part of the estate passes to that spouse's
descendants who survive the decedent, the descendants taking per capita at
each generation as defined in Subsection 75-2-106(4); or
(ii) more than one deceased spouse who has one or more descendants who
survive the decedent, an equal share of the estate or part of the estate
passes to each set of descendants, the descendants taking per capita at each
generation as defined in Subsection 75-2-106(4). |
(2) For purposes of Subsections (1)(a), (b), (c), (d), (e), and (f) any
nonprobate transfer, as defined in Section 75-2-205, received by an heir is
added to the probate estate in calculating the intestate heirs' shares and
is conclusively treated as an advancement under Section 75-2-109 to the heir
in determining the heir's share.
75-2-105. No taker.
If there is no taker under the provisions of this chapter, the intestate
estate passes to the state for the benefit of the state school fund.
75-2-106. Definitions - Per capita at each generation
(2) (a) If, under Subsection 75-2-103(1)(a), a decedent's intestate estate
or a part thereof passes "per capita at each generation" to the decedent's
descendants, the estate or part thereof is divided into as many equal shares
as there are:
(i) surviving descendants in the generation nearest to the decedent which
contains one or more surviving descendants; and
(ii) deceased descendants in the same generation who left surviving
descendants, if any. (b) Each surviving descendant in the nearest generation
is allocated one share.
(c) The remaining shares, if any, are combined and then divided in the same
manner among the surviving descendants of the deceased descendants as if the
surviving descendants who were allocated a share and their surviving
descendants had predeceased the decedent.
(3) (a) If, under Subsection 75-2-103(1)(c) or (d), a decedent's intestate
estate or a part thereof passes "per capita at each generation" to the
descendants of the decedent's deceased parents or either of them or to the
descendants of the decedent's deceased paternal or maternal grandparents or
either of them, the estate or part thereof is divided into as many equal
shares as there are:
(i) surviving descendants in the generation nearest the deceased parents or
either of them, or the deceased grandparents or either of them, that
contains one or more surviving descendants; and (ii) deceased descendants in
the same generation who left surviving descendants, if any. (b) Each
surviving descendant in the nearest generation is allocated one share. (c)
The remaining shares, if any, are combined and then divided in the same
manner among the surviving descendants of the deceased descendants as if the
surviving descendants who were allocated a share and their surviving
descendants had predeceased the decedent.
75-2-107. Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if
they were of the whole blood.
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