Elective Share in Utah
State-specific overview · Estate & Probate
Utah's elective share grants a surviving spouse one-third of the estate if children exist, or one-half if childless, with a nine-month deadline.
How Utah treats Elective Share
Utah follows the Uniform Probate Code framework, allowing a surviving spouse to elect a statutory share instead of accepting what the will provides. The elective share is one-third of the net estate if the deceased left surviving children, and one-half if no children survive. The spouse must make the election within nine months of the death. This right protects spouses from complete disinheritance and applies to all property in the probate estate.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Utah.