Utah Code » Title 75, Chapter 2 — Intestate Succession and Wills; part 75-2-1 — Intestate Succession
Utah Code

Utah Code § 75-2-102 (2026)

Intestate share of spouse

✓ current as of May 2026
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The intestate share of a decedent's surviving spouse is:
the entire intestate estate if:
no descendant of the decedent survives the decedent; or
all of the decedent's surviving descendants are also descendants of the surviving spouse;
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.
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.
Notes of Decisions
Cited in 7 cases, 1988–2006 · leading case: State v. Holm, 2006 UT 31 (Utah 2006).
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State v. Holm, 2006 UT 31 (Utah 2006). · cites it 4× “§§ 75-2-102, -202 (Supp.2005). These examples represent only a few of the instances in which marital status is legally relevant.”
Kelson v. Salt Lake Cnty., 784 P.2d 1152 (Utah 1989). · cites it 4× “[3] Section 75-2-103 states: (1) The part of the intestate estate not passing to the surviving spouse under section 75-2-102, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent by representation.”
Matter of Est. of Bartell, 776 P.2d 885 (Utah 1989). · cites it 2× “§ 75-2-301 (1978); see Utah Code Ann. § 75-2-102 (l)(a) (1978). After a bench trial, the court found that Ernest intended to provide for Lola by transfers outside his will.”
Matter of Est. of Beesley, 883 P.2d 1343 (Utah 1994). · cites it 4× “Utah Code Ann. § 75-2-102 . She claims that because the nieces and nephew are not surviving issue, see id.”
Taylor v. Est. of Taylor, 770 P.2d 163 (Utah Ct. App. 1989). “§§ 75-2-102, -103 (1978), so he is not an “heir.”
Beesley v. Harris, 883 P.2d 1343 (Utah 1994). · cites it 4× “Utah Code Ann. § 75-2-102 . She claims that because the nieces and nephew are not surviving issue, see id.”
Matter of Est. of Wagley, 760 P.2d 316 (Utah 1988). “§ 75-2-102(d). Absent a testamentary disposition to the contrary, the probate court properly found that the furniture became part of the decedent’s estate.”
— Utah Code § 75-2-102(d) — 1 case
Matter of Est. of Wagley, 760 P.2d 316 (Utah 1988). “§ 75-2-102(d). Absent a testamentary disposition to the contrary, the probate court properly found that the furniture became part of the decedent’s estate.”
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