75-2-206 - Decedent's nonprobate transfers to the surviving spouse.
75-2-206. Decedent's nonprobate transfers to the surviving spouse.
Excluding property passing to the surviving spouse under the federal Social Securitysystem, any death benefits paid to the surviving spouse under any state workers' compensationlaw, and property excluded under Section 75-2-208, the value of the augmented estate includesthe value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consistof all property that passed outside probate at the decedent's death from the decedent to thesurviving spouse by reason of the decedent's death, including:
(1) the decedent's fractional interest in property held as a joint tenant with the right ofsurvivorship, to the extent that the decedent's fractional interest passed to the surviving spouse assurviving joint tenant;
(2) the decedent's ownership interest in property or accounts held in co-ownershipregistration with the right of survivorship, to the extent the decedent's ownership interest passedto the surviving spouse as surviving co-owner; and
(3) all other property that would have been included in the augmented estate underSubsection 75-2-205(1) or (2) had it passed to or for the benefit of a person other than thedecedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estatecreditors.
Amended by Chapter 243, 2008 General Session