75-2-106 - Definitions -- Per capita at each generation -- Terms in governing instruments.
75-2-106. Definitions -- Per capita at each generation -- Terms in governinginstruments.
(1) As used in this section:
(a) "Deceased descendant," "deceased parent," or "deceased grandparent" means adescendant, parent, or grandparent who either predeceased the decedent or is considered to havepredeceased the decedent under Section 75-2-104.
(b) "Surviving descendant" means a descendant who neither predeceased the decedentnor is considered to have predeceased the decedent under Section 75-2-104.
(2) (a) If, under Subsection 75-2-103(1)(a), a decedent's intestate estate or a part thereofpasses "per capita at each generation" to the decedent's descendants, the estate or part thereof isdivided into as many equal shares as there are:
(i) surviving descendants in the generation nearest to the decedent which contains one ormore surviving descendants; and
(ii) deceased descendants in the same generation who left surviving descendants, if any.
(b) Each surviving descendant in the nearest generation is allocated one share.
(c) The remaining shares, if any, are combined and then divided in the same manneramong the surviving descendants of the deceased descendants as if the surviving descendantswho were allocated a share and their surviving descendants had predeceased the decedent.
(3) (a) If, under Subsection 75-2-103(1)(c) or (d), a decedent's intestate estate or a partthereof passes "per capita at each generation" to the descendants of the decedent's deceasedparents or either of them or to the descendants of the decedent's deceased paternal or maternalgrandparents or either of them, the estate or part thereof is divided into as many equal shares asthere are:
(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
(ii) deceased descendants in the same generation who left surviving descendants, if any.
(b) Each surviving descendant in the nearest generation is allocated one share.
(c) The remaining shares, if any, are combined and then divided in the same manneramong the surviving descendants of the deceased descendants as if the surviving descendantswho were allocated a share and their surviving descendants had predeceased the decedent.
(4) (a) If, under Subsection 75-2-103(1)(e), a decedent's intestate estate or a part of theestate passes "per capita at each generation" to the descendants of the decedent's deceasedspouse, the estate or part of the estate is divided into as many equal shares as there are:
(i) surviving descendants in the generation nearest the deceased spouse that contains oneor more surviving descendants; and
(ii) deceased descendants in the same generation who left surviving descendants, if any.
(b) Each surviving descendant in the nearest generation is allocated one share.
(c) The remaining shares, if any, are combined and then divided in the same manneramong the surviving descendants of the deceased descendants as if the surviving descendantswho 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 stirpes," "by representation," or "by right of representation" shall be considered a referenceto Section 75-2-709.
Amended by Chapter 93, 2010 General Session