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

Utah Code § 75-2-109 (2026)

Advancements

✓ laws through the 2026 General Session (checked Sept. 2026)
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If an individual dies intestate as to all or a portion of his estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if:
the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or
the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.
For purposes of Subsection (1), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.
If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.
If the amount of the advancement exceeds the share of the heir receiving the same, the heir is not required to refund any part of the advancement.

Repealed and Re-enacted by Chapter 39, 1998 General Session

Notes of Decisions
Cited in 4 cases, 1989–2011 · leading case: Young v. Young, 1999 UT 38, 979 P.2d 338.
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Young v. Young, 1999 UT 38, 979 P.2d 338. · cites it 2× “See Utah Code Ann. § 75-2-109 (Supp. 1998). 7 .”
Est. of Scheller v. Pessetto, 783 P.2d 70 (Utah Ct. App. 1989). · cites it 16× “OPINION GREENWOOD, Judge: Appellant, Michael Pessetto, appeals from the trial court’s conclusion that he could not inherit from his illegitimate deceased child because he did not openly treat the child as his own as required by Utah Code Ann. § 75-2-109 (1978). On appeal,…”
Winward v. Goodliffe, 2011 UT App 292, 263 P.3d 493. · cites it 4× “See Utah Code Ann. § 75-2-109 (1)(a)-(b) (Supp.”
Dow v. Gilroy, 910 P.2d 1249 (Utah Ct. App. 1996). · cites it 2× “1994) (holding tíme limit for establishing paternity under Uniform Parentage Act did not apply to defeat determination of paternity under statute identical to section 75-2-109, noting "the probate code provisions control”); C.”
Utah Code § 75-2-109(l)(b)(ii): 1 case
Est. of Scheller v. Pessetto, 783 P.2d 70 (Utah Ct. App. 1989). “OPINION GREENWOOD, Judge: Appellant, Michael Pessetto, appeals from the trial court’s conclusion that he could not inherit from his illegitimate deceased child because he did not openly treat the child as his own as required by Utah Code Ann. § 75-2-109 (1978). On appeal,…”
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