Elective Share & Spousal Rights in Utah
What a Surviving Spouse Is Entitled to Under Utah Law
Many Utah spouses assume that a will or trust fully controls what happens after death. Utah law, however, provides surviving spouses with certain rights that can override parts of an estate plan.
Utah’s elective share and spousal rights exist to prevent disinheritance. This page explains what those rights are, how the elective share works in Utah, and why spousal rights matter in estate planning—especially for blended families.
Why this Matters
Spousal rights often come into play at moments of heightened emotion and financial uncertainty.
Even carefully drafted plans can be disrupted if spousal rights are not understood. When expectations differ from what the law provides, disputes may arise among surviving spouses, children, and other beneficiaries.
Understanding Utah’s spousal protections helps families anticipate how the law applies before conflicts occur.
What the Elective Share Is
The elective share is a legal right that allows a surviving spouse to claim a portion of the deceased spouse’s estate, even if the estate plan says otherwise.
In Utah, the elective share is designed to ensure that a surviving spouse is not left without financial support. It applies regardless of whether a will or trust exists.
The elective share does not give the spouse “everything.” It gives the spouse the right to claim a statutory share.
How the Elective Share Works in Utah
Utah’s elective share rules are found in Utah Code §§ 75-2-201 through 75-2-207.
Key features include:
- The elective share is based on the length of the marriage
- The share increases the longer the marriage lasted
- Certain assets may be included in calculating the elective share
Many Utah families assume spousal rights apply only when someone is intentionally disinherited. In reality, the elective share applies whenever a surviving spouse qualifies under the statute.
Common Spousal Rights People
Overlook
In addition to the elective share, Utah law provides other protections for surviving spouses.
These may include:
- Homestead allowance
- Exempt property allowance
- Family allowance
These rights can apply regardless of what a will or trust provides and are intended to support the surviving spouse during estate administration.
How Elective Share Issues Commonly Arise
Spousal rights often become relevant in situations involving:
- Second marriages
- Blended families
- Separate property brought into the marriage
- Long-term marriages with uneven asset ownership
Many Utah families assume separate accounts or premarital assets are automatically excluded. That assumption can be incorrect depending on how assets are structured.
What Can Go Wrong if It's Done Incorrectly
Spousal rights apply by law, not by intention. When they are misunderstood or overlooked, estate administration often becomes more complicated than expected.
Common issues include:
- Distributions being altered after death
A surviving spouse may claim an elective share that changes how assets were intended to pass to other beneficiaries. - Unexpected inclusion of trust assets
Assets held in a trust may still be considered when calculating the elective share, affecting overall distributions. - Delayed estate administration
Elective share claims can pause distributions while values and entitlements are determined. - Increased family conflict
Tension often arises in blended families when spousal rights conflict with expectations of children from prior relationships. - Incorrect assumptions about “separate” property
Assets believed to be excluded may still factor into spousal rights depending on how they are owned and structured.
These outcomes typically result from misunderstanding how Utah law applies rather than from flaws in the estate plan itself.
Who This Matters Most For
Understanding Utah’s elective share and spousal rights is especially important for:
- Blended families
Spousal rights often intersect with inheritances intended for children from prior relationships. - Second or later marriages
Asset ownership and expectations frequently differ from first marriages. - Couples with uneven asset ownership
When one spouse owns most assets, spousal rights can significantly affect distributions. - Long-term marriages
The length of marriage directly impacts the elective share calculation. - Individuals with premarital or inherited assets
Assumptions about exclusion may not align with statutory rules. - Families seeking predictability after death
Clear understanding of spousal rights helps reduce surprises during estate administration.
For these families, awareness of spousal rights helps clarify how Utah law may shape outcomes regardless of personal expectations.
How Things Play Out
The One Where the Plan Changed After the Funeral
Blended Family — Second Marriage Conflict
Situation: A spouse died leaving most assets to children from a prior marriage, believing the estate plan would control the outcome.
Problem: The surviving spouse exercised elective share rights under Utah law.
Outcome: The distributions changed, reducing what the children ultimately received.
Lesson: Estate plans do not eliminate a surviving spouse’s statutory rights.
The One Where the Marriage Length Mattered
Surviving Spouse — Short Marriage, Limited Share
Situation: A surviving spouse expected a substantial inheritance after a relatively short marriage.
Problem: Utah’s elective share rules adjust based on the length of the marriage.
Outcome: The surviving spouse’s share was smaller than anticipated.
Lesson: Duration of marriage directly affects spousal entitlements.
The One Where the Trust Didn’t Exclude the Assets
Estate Beneficiaries — Trust Assets Still Counted
Situation: Assets were held in a trust and assumed to be outside the elective share calculation.
Problem: Utah law includes certain trust assets when determining the elective share.
Outcome: Beneficiary distributions shifted once the elective share was calculated.
Lesson: How assets are structured affects spousal rights and overall estate outcomes.
How Spousal Rights Fit Into a Complete Estate Plan
Spousal rights interact with:
- Wills and trusts
- Beneficiary designations
- Prenuptial or postnuptial agreements
- Trust administration
Estate plans are most effective when spousal rights are considered alongside asset structure and family dynamics.
Common Questions
Spousal rights apply by law, not by assumption.
The right plan depends on your family, assets, and goals. If you’re exploring your options, our team can walk you through what these concepts mean for a typical Utah family.
This page offers general educational information about Utah estate planning. It is not legal advice, and any examples described are hypothetical illustrations, not real clients or situations.