Utah Code 75-2-106. Definitions — Per capita at each generation — Terms in governing instruments
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(1) As used in this section:
Terms Used In Utah Code 75-2-106
- Decedent: A deceased person.
- Descendant: means all of an individual's descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained in this title. See Utah Code 75-1-201 v2
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- Governing instrument: means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. See Utah Code 75-1-201 v2
- Intestate: Dying without leaving a will.
- Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. See Utah Code 75-1-201 v2
(1)(a) “Deceased descendant,” “deceased parent,” or “deceased grandparent” means a descendant, parent, or grandparent who either predeceased the decedent or is considered to have predeceased the decedent under Section 75-2-104 .
(1)(b) “Surviving descendant” means a descendant who neither predeceased the decedent nor is considered to have predeceased the decedent under Section 75-2-104 .
(2)
(2)(a) If, under Subsection 75-2-103(1)(a) , a decedent’s intestate estate or a part thereof passes “per capita at each generation” to the decedent’s descendants, the estate or part thereof is divided into as many equal shares as there are:
(2)(a)(i) surviving descendants in the generation nearest to the decedent which contains one or more surviving descendants; and
(2)(a)(ii) deceased descendants in the same generation who left surviving descendants, if any.
(2)(b) Each surviving descendant in the nearest generation is allocated one share.
(2)(c) The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
(3)
(3)(a) If, under Subsection 75-2-103(1)(c) or (d) , a decedent’s intestate estate or a part thereof passes “per capita at each generation” to the descendants of the decedent’s deceased parents or either of them or to the descendants of the decedent’s deceased paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are:
(3)(a)(i) surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants; and
(3)(a)(ii) deceased descendants in the same generation who left surviving descendants, if any.
(3)(b) Each surviving descendant in the nearest generation is allocated one share.
(3)(c) The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
(4)
(4)(a) If, under Subsection 75-2-103(1)(e) , a decedent’s intestate estate or a part of the estate passes “per capita at each generation” to the descendants of the decedent’s deceased spouse, the estate or part of the estate is divided into as many equal shares as there are:
(4)(a)(i) surviving descendants in the generation nearest the deceased spouse that contains one or more surviving descendants; and
(4)(a)(ii) deceased descendants in the same generation who left surviving descendants, if any.
(4)(b) Each surviving descendant in the nearest generation is allocated one share.
(4)(c) The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
(5) Any reference to this section found in a governing instrument for the definitions of “per capita,” “per stirpes,” “by representation,” “share and share alike,” “to the survivor of them,” or “by right of representation” shall be considered a reference to Section 75-2-709 .