State Codes and Statutes
Statutes > Utah > Title-75 > Chapter-02 > 75-2-20775-2-207. Surviving spouse's property and nonprobate transfers to others --Included property -- Time of valuation.
(1) Except to the extent included in the augmented estate under Section 75-2-204 or75-2-206 or excluded under Section 75-2-208, the value of the augmented estate includes thevalue of:
(a) property that was owned by the decedent's surviving spouse at the decedent's death,including:
(i) the surviving spouse's fractional interest in property held in joint tenancy with the rightof survivorship;
(ii) the surviving spouse's ownership interest in property or accounts held in co-ownershipregistration with the right of survivorship; and
(iii) property that passed to the surviving spouse by reason of the decedent's death, but notincluding the spouse's right to homestead allowance, family allowance, exempt property, orpayments under the federal Social Security system; and
(b) property that would have been included in the surviving spouse's nonprobate transfersto others, other than the spouse's fractional and ownership interests included under Subsection(1)(a)(i) or (ii), had the spouse been the decedent.
(2) Property included under this section is valued at the decedent's death, taking the factthat the decedent predeceased the spouse into account, but, for purposes of Subsections (1)(a)(i)and (ii), the values of the spouse's fractional and ownership interests are determined immediatelybefore the decedent's death if the decedent was then a joint tenant or a co-owner of the property oraccounts. For purposes of Subsection (1)(b), proceeds of insurance that would have beenincluded in the spouse's nonprobate transfers to others under Subsection 75-2-205(1)(d) are notvalued as if the spouse were deceased.
(3) The value of property included under this section is reduced by enforceable claimsagainst the surviving spouse.
Repealed and Re-enacted by Chapter 39, 1998 General Session
