Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 1. Descent
§42-1-1. General Definitions - Subject to additional definitions contained in the subsequent articles that...
§42-1-2. Intestate Estate - (a) Any part of a decedent's estate not effectively disposed...
§42-1-3. Share of Spouse - The intestate share of a decedent's surviving spouse is: (a)...
§42-1-3a. Share of Heirs Other Than Surviving Spouse - Any part of the intestate estate not passing to the...
§42-1-3b. Requirement That Heir Survive Decedent for One Hundred Twenty Hours - An individual who fails to survive the decedent by one...
§42-1-3c. No Taker - If there is no taker under the provisions of this...
§42-1-3d. Representation - (a) In this section: (1) "Deceased descendant," "deceased parent," or...
§42-1-3e. Kindred of Half Blood - Relatives of the half blood inherit the same share they...
§42-1-3f. Afterborn Heirs - An individual in gestation at a particular time is treated...
§42-1-3g. Advancements - (a) If an individual dies intestate as to all or...
§42-1-4. Alienage - No individual is disqualified to take as an heir because...
§42-1-5. From Whom Children Born Out of Wedlock Inherit - (a) Children born out of wedlock shall be capable of...
§42-1-6. Legitimation by Marriage - If a man, having had a child or children by...
§42-1-7. Issue Legitimate Though Marriage Null - The issue of marriages deemed null in law, or dissolved...
§42-1-8. Posthumous Children to Take - Any child in the womb of its mother at, and...
§42-1-9. Establishment and Recordation of Descent - Where any person having title to an estate of inheritance...
§42-1-10. Individuals Related to Decedent Through Two Lines - An individual who is related to the decedent through two...
§42-1-11. When a Parent May Not Inherit From a Child - (a) A parent is barred from inheriting from or through...
§42-1-12. When a Child May Inherit From a Parent Who Has Been Barred From Inheritance - If a parent is barred from inheriting under the provisions...
Article 2. Distribution
§42-2-1. To 42-2-2 - Repealed. Acts, 1992 Reg. Sess., Ch. 75.
Article 3. Provisions Relating to Husband or Wife of Decedent
§42-3-1. Right to Elective Share - (a) The surviving spouse of a decedent who dies domiciled...
§42-3-2. Augmented Estate - (a) Definitions. (1) In this section: (i) "Bona fide purchaser"...
§42-3-3. Right of Election Personal to Surviving Spouse - (a) The right of election may be exercised only by...
§42-3-3a. Waiver of Right to Elect; Other Rights - (a) The right of election of a surviving spouse may...
§42-3-4. Proceeding for Elective Share; Time Limit - (a) Except as provided in subsection (b) of this section,...
§42-3-6. Charging Spouse With Owned Assets and Gifts Received; Liability of Others for Balance of Elective Share - (a) In a proceeding for an elective share, the following...
§42-3-7. Entitlement of Spouse; Premarital Will - (a) If a testator's surviving spouse married the testator after...
Article 4. General Provisions
§42-4-2. Homicide Bars Acquisition of Estate or Insurance Money - (a) A person who has been convicted of feloniously killing...
Article 5. Uniform Simultaneous Death Act
§42-5-1. No Sufficient Evidence of Survivorship - Where the title to property or the devolution thereof depends...
§42-5-2. Beneficiaries of Another Person's Disposition of Property - Where two or more beneficiaries are designated to take successively...
§42-5-3. Joint Tenants or Tenants by the Entirety - Where there is no sufficient evidence that two joint tenants...
§42-5-4. Insurance Policies - Where the insured and the beneficiary in a policy of...
§42-5-5. Article Not Retroactive - This article shall not apply to the distribution of the...
§42-5-6. Article Does Not Apply if Decedent Provides Otherwise - This article shall not apply in the case of wills,...
§42-5-7. Uniformity of Interpretation - This article shall be so construed and interpreted as to...
§42-5-8. Short Title - This article may be cited as the Uniform Simultaneous Death...
§42-5-9. Repeal of Inconsistent Laws - All laws or parts of laws inconsistent with the provisions...
§42-5-10. Severability - If any of the provisions of this article or the...
Article 6. Uniform Disclaimer of Property Interests Act
§42-6-1. Short Title - This article may be cited as the "Uniform Disclaimer of...
§42-6-2. Definitions - In this article: (1) "Disclaimant" means the person to whom...
§42-6-3. Scope - This article applies to disclaimers of any interest in or...
§42-6-4. Article Supplemented by Other Law - (a) Unless displaced by a provision of this article, the...
§42-6-5. Power to Disclaim; General Requirements; When Irrevocable - (a) A person may disclaim, in whole or part, any...
§42-6-6. Disclaimer of Interest Property - (a) In this section: (1) "Time of distribution" means the...
§42-6-7. Disclaimer of Right of Survivorship in Jointly Held Property With Right of Survivorship - (a) Upon the death of a holder of jointly held...
§42-6-8. Disclaimer of Interest by Trustee - If a trustee disclaims an interest in property that otherwise...
§42-6-9. Disclaimer of Power of Appointment or Other Power Not Held in Fiduciary Capacity - If a holder disclaims a power of appointment or other...
§42-6-10. Disclaimer by Appointee, Object or Taker in Default of Exercise of Power of Appointment - (a) A disclaimer of an interest in property by an...
§42-6-11. Disclaimer of Power Held in Fiduciary Capacity - (a) If a fiduciary disclaims a power held in a...
§42-6-12. Delivery of Disclaimer - (a) In this section, "beneficiary designation" means an instrument, other...
§42-6-13. When Disclaimer Barred or Limited - (a) A disclaimer is barred by a written waiver of...
§42-6-14. Tax Qualified Disclaimer - Notwithstanding any other provision of this article, if as a...
§42-6-15. Recording of Disclaimers; Failure to Record - (a) A duly executed and acknowledged original or duplicate of...
§42-6-16. Application to Existing Relationships - Except as otherwise provided in section thirteen of this article,...
§42-6-17. Uniformity of Application and Construction - In applying and construing this uniform article, consideration must be...
§42-6-18. Severability Clause - If any provision of this article or its application to...
§42-6-19. Effective Date - This article takes effect on July 1, 2002.