Utah § 75-3-902 - Distribution -- Order in which assets appropriated -- Abatement.
Full text of Utah Utah Code § 75-3-902 — Distribution -- Order in which assets appropriated -- Abatement., with citation guidance and answers to common questions.
§ 75-3-902. Distribution -- Order in which assets appropriated -- Abatement.
| (1) |
Except as provided in Subsection (3) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:
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| (2) | For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will. |
| (3) | If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in Subsection (1), the shares of the distributees abate as may be found necessary to give effect to the intention of the testator. |
| (4) | If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. |
Amended by Chapter 306, 2007 General Session
Source: official Utah text · Last verified 2026-08-27
Frequently Asked Questions About Utah § 75-3-902
What does Utah Code § 75-3-902 cover?
Section 75-3-902 ("Distribution -- Order in which assets appropriated -- Abatement.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 75-3-902?
A common citation format is "Utah Code § 75-3-902" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 75-3-902 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Utah.