43-8-72
Section 43-8-72 Waiver of right to elect and of other rights. The right of election of a surviving
spouse and the rights of the surviving spouse to homestead allowance, exempt property and
family allowance, or any of them, may be waived, wholly or partially, before or after marriage,
by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure.
Unless it provides to the contrary, a waiver of "all rights" (or equivalent language)
in the property or estate of a present or prospective spouse or a complete property settlement
entered into after or in anticipation of separation or divorce is a waiver of all rights to
elective share, homestead allowance, exempt property and family allowance by each spouse in
the property of the other at death and a renunciation by each of all benefits which would
otherwise pass to him from the other by intestate succession or by virtue of the provisions
of any will executed before the waiver or property settlement. (Acts...
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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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43-8-111
Section 43-8-111 Exempt property. If the decedent was domiciled in this state at the time of
death the surviving spouse is entitled to receive, in addition to the homestead allowance,
property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of
any security interests therein in household furniture, automobiles, furnishings, appliances
and personal effects. If there is no surviving spouse, children of the decedent are entitled
jointly to the same value. If encumbered chattels are selected and if the value in excess
of security interests, plus that of other exempt property, is less than seven thousand five
hundred dollars ($7,500), or if there is not seven thousand five hundred dollars ($7,500)
worth of exempt property in the estate, the spouse or children are entitled to other assets
of the estate, if any, to the extent necessary to make up the seven thousand five hundred
dollars ($7,500) value. Rights to exempt property and assets needed to make up a...
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19-3B-505
Section 19-3B-505 Creditor's claim against settlor. (a) Whether or not the terms of a trust
contain a spendthrift provision, the following rules apply: (1) During the lifetime of the
settlor, the property of a revocable trust is subject to claims of the settlor's creditors.
(2) With respect to an irrevocable trust, a creditor or assignee of the settlor may reach
the maximum amount that can be distributed to or for the settlor's benefit. If a trust has
more than one settlor, then the amount the creditor or assignee of a particular settlor may
reach may not exceed the settlor's interest in the portion of the trust attributable to that
settlor's contribution. (3) After the death of a settlor, and subject to the settlor's right
to direct the source from which liabilities will be paid, the property of a trust that was
revocable immediately prior to the settlor's death is subject to claims of the settlor's creditors,
costs of administration of the settlor's estate, the expenses of the...
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43-8-74
Section 43-8-74 Entitlement of surviving spouse to certain benefits regardless of election.
A surviving spouse is entitled to homestead allowance, exempt property, and family allowance,
whether or not he elects to take an elective share. (Acts 1982, No. 82-399, §2-206.)...
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43-8-110
Section 43-8-110 Homestead allowance. (a) A surviving spouse of a decedent who was domiciled
in this state is entitled to a homestead allowance of fifteen thousand dollars ($15,000).
If there is no surviving spouse, each minor child and each dependent child of the decedent
is entitled to a homestead allowance amounting to fifteen thousand dollars ($15,000) divided
by the number of minor and dependent children of the decedent. The homestead allowance is
exempt from and has priority over all claims against the estate. Homestead allowance is in
addition to any share passing to the surviving spouse or minor or dependent child by the will
of the decedent unless otherwise provided in the will, by intestate succession or by way of
elective share. (b) The value of any constitutional right of homestead in the family home
received by a surviving spouse or child shall be charged against that spouse or child's homestead
allowance to the extent that the family home is part of the decedent's estate...
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43-8-113
Section 43-8-113 Source, determination and documentation of exempt property and allowances;
petition for relief by personal representative or interested person. If the estate is otherwise
sufficient, property specifically devised is not used to satisfy rights to homestead and exempt
property. Subject to this restriction, the surviving spouse, the guardians of the minor children,
or children who are adults may select property of the estate as homestead allowance and exempt
property. The personal representative may make these selections if the surviving spouse, the
children or the guardians of the minor children are unable or fail to do so within a reasonable
time or if there are no guardians of the minor children. The personal representative may execute
an instrument or deed of distribution to establish the ownership of property taken as homestead
allowance or exempt property. He or she may determine the family allowance in a lump sum not
exceeding fifteen thousand dollars ($15,000) or...
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43-2-830
Section 43-2-830 Devolution of estate at death; restrictions. (a) Upon the death of a person,
decedent's real property devolves to the persons to whom it is devised by decedent's last
will or to those indicated as substitutes for them in cases involving lapse, renunciation,
or other circumstances affecting the devolution of a testate estate, or in the absence of
testamentary disposition, to decedent's heirs, or to those indicated as substitutes for them
in cases involving renunciation or other circumstances affecting devolution of intestate estates.
(b) Decedent's personal property devolves to the personal representative to be distributed
to: (1) Those persons to whom it is devised by the testator's last will or to those indicated
as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting
the devolution of a testate estate; or (2) In the absence of testamentary disposition, to
decedent's heirs, or to those indicated as substitutes for them in cases...
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6-10-101
Section 6-10-101 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Vesting of title to real property in surviving spouse
and minors and right to possession thereof. If no exceptions are filed and sustained to such
report of the commissioners setting apart the homestead exemption, the title to the real property
so set aside shall vest in the surviving spouse and minors, share and share alike, but only
during the life of the surviving spouse and minority of the children. If all the real property
left by the decedent in this state does not exceed in area and value the homestead allowed
by law as exempt, title to all such real property shall vest absolutely in the surviving spouse,
the children (minors and adults) and the descendants of deceased children, or, if there is
no surviving spouse, in the children and the descendants of deceased children, or, if there
are no children or descendants of deceased children, in the...
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43-8-115
Section 43-8-115 Discharge of debtor from liability for wages, etc., owed intestate former
employee of another; status of funds paid under this section. (a) Whenever an employee of
another shall die intestate and there shall be due him or her any sum as wages or salary the
debtor may discharge himself or herself from liability therefor by paying such amount to the
surviving spouse of the deceased employee or, if there is no surviving spouse to the person
having the legal custody and control of his or her minor child or children, or either as the
case may be, who may commence an action for and recover the same as part of the property or
allowance exempted to them. (b) Any sums paid in accordance with subsection (a) shall be considered
as part of the exempt property, as defined in Section 43-8-111; and, if the sums exceed seven
thousand five hundred dollars ($7,500) the excess shall be considered part of the family allowance,
as defined in Section 43-8-112. (Acts 1984, 1st Ex. Sess., No....
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