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43-2-695
Section 43-2-695 Limitation on defeasible rights of surviving spouse or distributees.
The defeasible right of the surviving spouse or distributees provided for by this division
shall be subject only to any preexisting rights to administer the estate or probate the will,
or to the superior rights of any other person to such personal property. (Acts 1975, 3rd Ex.
Sess., No. 145, §6.)...
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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee
entitled to personal property without administration. (a) The surviving spouse, if there is
one, otherwise the distributees of an estate of personal property only, may initiate a proceeding
for summary distribution of the estate by filing a verified petition in the office of the
judge of probate of the county in which the decedent was domiciled at death alleging the conditions
provided in subsection (b). The petition shall include a description of the estate of the
decedent. No bond shall be required to be filed with the petition. (b) The surviving spouse
or distributee shall have a defeasible right to the personal property of the decedent without
awaiting the appointment of a personal representative or the probate of a will if all of the
following conditions exist: (1) The value of the entire estate does not exceed twenty-five
thousand dollars ($25,000). This figure shall be adjusted annually for...
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43-2-694
Section 43-2-694 Transfer of property or evidence of rights therein to surviving spouse
or distributees. Upon delivering a copy of the judge's order for summary distribution or an
affidavit executed by any person having knowledge of the fact and alleging the concurrence
of the conditions listed in subsection (b) of section 43-2-692 showing the defeasible
right therein, together with a copy of the decedent's will if the claim is under such will,
such spouse or distributee shall be entitled to have the decedent's property or the evidence
of the decedent's ownership in such property transferred to him by any person owing any money
to the decedent's estate, having custody of any personal property of the decedent or acting
as a registrar or transfer agent of any evidence of interest, indebtedness, property or right
of the deceased therein. (Acts 1975, 3rd Ex. Sess., No. 145, §5.)...
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26-1A-404
Section 26-1A-404 Health care powers of attorney executed on or after January 1, 2012.
(a) This section applies to a power of attorney for health care decisions executed
on or after January 1, 2012. (b) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (c)(1) A principal may
designate under a durable power of attorney an individual who shall be empowered to make health
care decisions on behalf of the principal, in the manner set forth in the Natural Death Act,...
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26-1-2
Section 26-1-2 Durable power of attorney; appointment by court of guardian, etc., subsequent
to execution of durable power of attorney; effect of death of principal upon agency relationship;
affidavit by person exercising power of attorney as to lack of knowledge of revocation, etc.;
health care power of attorney. (a) A durable power of attorney is a power of attorney by which
a principal designates another his or her attorney in fact or agent in writing and the writing
contains the words "This power of attorney shall not be affected by disability, incompetency,
or incapacity of the principal" or "This power of attorney shall become effective
upon the disability, incompetency, or incapacity of the principal" or similar words showing
the intent of the principal that the authority conferred shall be exercisable notwithstanding
the principal's subsequent disability, incompetency, or incapacity. (b) All acts done by an
attorney in fact pursuant to a durable power of attorney during any...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise
requires, the following terms mean: (1) AFFILIATE. A person who controls, is controlled by,
or is under common control with another person. An affiliate of an individual includes the
spouse, or a parent or sibling thereof, of the individual, or a child, grandchild, sibling,
parent, or spouse of any thereof, of the individual, or an individual having the same home
as the individual, or a trust or estate of which an individual specified in this sentence
is a substantial beneficiary; a trust, estate, incompetent, conservatee, protected person,
or minor of which the individual is a fiduciary; or an entity of which the individual is director,
general partner, agent, employee or the governing authority or member of the governing authority.
(2) ASSOCIATE. When used to indicate a relationship with: (A) a domestic or foreign entity
for which the person is: (i) an officer or governing person; or (ii) a beneficial...
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35-12-84
Section 35-12-84 Filing of a claim - intestate and small claims. (a) The surviving spouse
or, if none, the surviving child or children or, if none, the surviving parent or parents
of an abandoned property owner who has died intestate may claim the abandoned property under
this section, and will have a defeasible right to the property, if all of the following
conditions exist: (1) The aggregate value of the abandoned property held on behalf of the
owner, as established by rule, must not exceed the amount allowed in Section 43-2-692.
(2) The claim need not be accompanied by an order of a probate court if the claimant files
documentation established in the rules, including, but not limited to, a. a written confirmation
by the probate court that no estate has been opened or filed; b. an affidavit, signed by all
beneficiaries, as applicable, stating that all beneficiaries have amicably agreed among themselves
upon a division of the property; c. supporting documentation showing heir rights;...
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43-2-696
Section 43-2-696 Effect of transfer pursuant to affidavit. The person making payment,
delivery, transfer or issuance of personal property or evidence thereof pursuant to the affidavit
prescribed in section 43-2-694 shall be discharged and released to the same extent
as if made to a personal representative of the decedent, and he shall not be required to see
the application thereof or to inquire into the truth of any statement in the affidavit if
made by any other person. If any person to whom such affidavit is delivered refuses to pay,
deliver, transfer or issue any personal property or evidence thereof, it may be recovered
or its payment, delivery, transfer or issuance compelled in an action brought for such purpose
by or on behalf of the person entitled thereto under sections 43-2-692 and 43-2-695 upon proof
of the defeasible right declared by such sections. Any person to whom payment, delivery, transfer
or issuance is made shall be answerable and accountable therefor to any personal...
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43-8-112
Section 43-8-112 Family allowance. In addition to the right to homestead allowance and
exempt property, if the decedent was domiciled in this state, the surviving spouse and minor
children whom the decedent was obligated to support and children who were in fact being supported
by him are entitled to a reasonable allowance in money out of the estate for their maintenance
during the period of administration, which allowance may not continue for longer than one
year if the estate is inadequate to discharge allowed claims. The allowance may be paid as
a lump sum or in periodic installments. It is payable to the surviving spouse, if living,
for the use of the surviving spouse and minor and dependent children; otherwise to the children,
or persons having their care and custody; but in case any minor child or dependent child is
not living with the surviving spouse, the allowance may be made partially to the child or
his guardian or other person having his care and custody, and partially to...
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34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least
18 years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
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