UT risk area
Complexity triggers in Utah
Scenarios that increase estate risk, such as blended families or multi-state property.
Utah provides a spousal elective share and a family allowance for the surviving spouse and minor children.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect to take one-third of the augmented estate.
- A family allowance of up to $15,000 may be awarded during administration.
Questions to consider
Questions this risk area helps you evaluate in Utah
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Utah provides a spousal elective share and a family allowance for the surviving spouse and minor children.
- A surviving spouse may elect to take one-third of the augmented estate.
- A family allowance of up to $15,000 may be awarded during administration.
Sources
- https://le.utah.gov/xcode/Title75/Chapter2/C75-2-S202_1800010118000101.pdf
- https://le.utah.gov/xcode/Title75/Chapter2/C75-2-S404_1800010118000101.pdf
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Utah.