Utah Code » Title 75, Chapter 2 — Intestate Succession and Wills; part 75-2-2 — Elective Share of Surviving Spouse
Utah Code

Utah Code § 75-2-201 (2026)

Definitions

✓ laws through the 2026 General Session (checked Sept. 2026)
Find cases: SyfertCases citing this section UT-LEGle.utah.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

As used in this part:

"Decedent's nonprobate transfers to others," as used in sections other than Section 75-2-205, means the amounts that are included in the augmented estate under Section 75-2-205.
"Fractional interest in property held in joint tenancy with the right of survivorship," whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants.
"Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse.
"Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is considered to have a beneficial interest in the property.
"Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation.
"Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors, his estate, or creditors of his estate, and includes a power to revoke or invade the principal of a trust or other property arrangement.
"Probate estate" means property that would pass by intestate succession if the decedent died without a valid will.
"Property" includes values subject to a beneficiary designation.
"Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement.
"Transfer," as it relates to a transfer by or of the decedent, includes:
an exercise or release of a presently exercisable general power of appointment held by the decedent;
a lapse at death of a presently exercisable general power of appointment held by the decedent; and
an exercise, release, or lapse of a general power of appointment that the decedent created in himself and of a power described in Subsection 75-2-205(2)(b) that the decedent conferred on a nonadverse party.

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

Notes of Decisions
Cited in 8 cases, 1979–2005 · leading case: In re Malualani B. Hoopiiaina Trusts, 2005 UT App 272, 118 P.3d 861.
Sort: Relevance Newest Treatment
In re Malualani B. Hoopiiaina Trusts, 2005 UT App 272, 118 P.3d 861. · cites it 6× “See Utah Code Ann. §§ 75-2-201 to -207 (1995).”
Matter of Est. of Beesley, 883 P.2d 1343 (Utah 1994). · cites it 2× “[5] See Utah Code Ann. §§ 75-2-201 to -207. [6] Because we ultimately affirm the district court on the ground that La Juana has not met her burden of challenging the court's factual findings, it is unnecessary to decide whether a different standard of duress may apply in the…”
Taylor v. Rupp (In re Taylor), 133 F.3d 1336 (10th Cir. 1998). “XXII § 1, and Utah Code Ann. §§ 75-2-201 , 75-2-202, 75-2 — 101, 78-23-3, 78-23-4.”
Phillips v. Phillips, 252 S.E.2d 761 (N.C. 1979). “1-05 (1976); Utah Code Ann. §§ 75-2-201 to -207 (1978).”
Dogu v. Dogu, 652 P.2d 1308 (Utah 1982). “2 Neither would she have any claim against respondent’s estate for her support since an ex-wife does not qualify as a “surviving spouse” entitled to an elective share of her husband’s estate.”
Est. of Christensen v. Christensen, 655 P.2d 646 (Utah 1982). “Contrast § 75-2-201, which entitles a surviving spouse to an elective share contrary to the testator’s intent.”
Webb v. Hodel, 878 F.2d 1252 (10th Cir. 1989). “§ 30-2-9 ); each spouse has the duty to support the other in time of need ( Utah Code Ann. §§ 78-45-3 and 78-45-4); upon divorce marital property is distributed as reasonable and necessary ( Utah Code Ann.”
Beesley v. Harris, 883 P.2d 1343 (Utah 1994). · cites it 2× “See Utah Code Ann. §§ 75-2-201 to -207. . Because we ultimately affirm the district court on the ground that La Juana has not met her burden of challenging the court's factual findings, it is unnecessary to decide whether a different standard of duress may apply in the context…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.