Detailed Answer
Under Utah law, a surviving spouse (or minor child) may claim a year’s allowance out of the decedent’s estate to maintain reasonable support before final distribution. You initiate this by filing a petition under Utah Code § 75-2-109. The year’s allowance claim is separate from the general estate inventory.
When you complete the year’s allowance petition:
- You list only the specific personal property items you intend to set aside for support (for example, household furniture, clothing, vehicles or jewelry).
- You do not have to list every personal property asset owned by the decedent in this petition; the estate administrator files a full inventory of all estate assets under Utah Code § 75-3-301.
- Your petition must include a description and estimated value of each item you claim as part of your allowance. The court uses this to ensure the allowance remains within the statutory limits.
By separating the allowance petition from the estate inventory, Utah law streamlines support for the surviving spouse or minor children without delaying broader estate administration. The general inventory of all personal and real property remains mandatory for the administrator but does not burden the petitioner seeking a year’s allowance.
For more details on filing a year’s allowance claim, see Utah Code § 75-2-109: le.utah.gov/xcode/Title75/Chapter2/75-2-S109.html, and on estate inventories, see Utah Code § 75-3-301: le.utah.gov/xcode/Title75/Chapter3/75-3-S301.html.
Helpful Hints
- Review the year’s allowance form early to identify required descriptions and values.
- Obtain appraisals or receipts for high-value personal items.
- File your petition within three months of the first publication in probate (see Utah Code § 75-3-301 for inventory deadlines).
- Keep copies of all filed documents and receipts for your personal records.
- Distinguish clearly between the allowance petition (listing claimed items) and the estate inventory (listing all assets).
Disclaimer: This article is for educational purposes only and does not constitute legal advice.