Utah Code § 75-2-1406 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1406
§ 75-2-1406. Harmless error.
Status: in_force

Section 75-2-503 applies to a will executed electronically.
Utah Code § 75-2-1301 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1301
§ 75-2-1301. Transitional provisions.
Status: in_force

(1) On July 1, 1998: (a) Any act done in any proceeding and any right accrued before July 1, 1998, is not impaired by the provisions of this title. (b) If a right is acquired, extinguished, or barred on the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1997, the provisions shall remain in force with respect to that right. (2) Any rule of construction or presumption provided in these provisions applies to governing instruments executed before July 1, 1997, unless there is a finding of a contrary intent.
Utah Code § 75-2-210 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-210
§ 75-2-210. Personal liability of recipients.
Status: in_force

(1) Only original recipients of the decedent's nonprobate transfers to others, and the donees of the recipients of the decedent's nonprobate transfers to others, to the extent the donees have the property or its proceeds, are liable to make a proportional contribution toward satisfaction of the surviving spouse's elective-share or supplemental elective-share amount. A person liable to make contribution may choose to give up the proportional part of the decedent's nonprobate transfers to him or to pay the value of the amount for which he is liable. (2) If any section or subsection of this part is preempted by federal law with respect to a payment, an item of property, or any other benefit included in the decedent's nonprobate transfers to others, a person who, not for value, receives the payment, item of property, or any other benefit is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of that item of property or benefit, as provided in Section 75-2-209, to the person who would have been entitled to it were that section or subsection not preempted.
Utah Code § 75-6-406 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-406
§ 75-6-406. Transfer on death deed revocable.
Status: in_force

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
Utah Code § 75-1-312 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-312
§ 75-1-312. Alternative resolution of disputes.
Status: in_force

(1) A will, trust, or power of attorney may include a provision, enforceable by a court, that requires the resolution of disputes between or among beneficiaries and fiduciaries of the will, trust, or power of attorney, or any combination of those persons or entities, outside of a court of record. (2) The resolution of disputes outside the court may include any procedure, writing, or agreement, not contrary to or prohibited by law, found or referred to in a will, trust, or power of attorney, the purpose of which is to resolve disputes between or among the beneficiaries and fiduciaries of a will, trust, or power of attorney, or any combination of those persons or entities, outside of a court of record. (3) Unless terms in a dispute resolution procedure, writing, or agreement require binding arbitration, nothing in the writing or agreement shall prevent beneficiaries or fiduciaries, upon satisfaction of the required terms of the dispute resolution procedure, writing, or agreement, from seeking resolution of unresolved disputes in a court of record.
Utah Code § 75-6-309 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-309
§ 75-6-309. Protection of registering entity.
Status: in_force

(1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part. (2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this part. (3) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with Section 75-6-307 and does so in good faith reliance on: (a) the registration; (b) this part; and (c) information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this part do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this part. (4) The protection provided by this part to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
Utah Code § 75-2-205 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-205
§ 75-2-205. Decedent's nonprobate transfers to others.
Status: in_force

Unless excluded under Section 75-2-208, the value of the augmented estate includes the value of the decedent's nonprobate transfers to others, not included under Section 75-2-204, of any of the types described in this section, in the amount provided respectively for each type of transfer: (1) Property owned or owned in substance by the decedent immediately before death that passed outside probate at the decedent's death. Property included under this category consists of the property described in this Subsection (1). (a) (i) Property over which the decedent alone, immediately before death, held a presently exercisable general power of appointment. (ii) The amount included is the value of the property subject to the power, to the extent the property passed at the decedent's death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent's estate or surviving spouse. (b) (i) The decedent's fractional interest in property held by the decedent in joint tenancy with the right of survivorship. (ii) The amount included is the value of the decedent's fractional interest, to the extent the fractional interest passed by right of survivorship at the decedent's death to a surviving joint tenant other than the decedent's surviving spouse. (c) (i) The decedent's ownership interest in property or accounts held in POD, TOD, or co-ownership registration with the right of survivorship. (ii) The amount included is the value of the decedent's ownership interest, to the extent the decedent's ownership interest passed at the decedent's death to or for the benefit of any person other than the decedent's estate or surviving spouse. (d) (i) Proceeds of insurance, including accidental death benefits, on the life of the decedent, if the decedent owned the insurance policy immediately before death or if and to the extent the decedent alone and immediately before death held a presently exercisable general power of appointment over the policy or its proceeds. (ii) The amount included: (A) is the value of the proceeds, to the extent they were payable at the decedent's death to or for the benefit of any person other than the decedent's estate or surviving spouse; and (B) may not exceed the greater of the cash surrender value of the policy immediately prior to the death of the decedent or the amount of premiums paid on the policy during the decedent's life. (2) Property transferred in any of the forms described in this Subsection (2) by the decedent during marriage: (a) (i) Any irrevocable transfer in which the decedent retained the right to the possession or enjoyment of, or to the income from, the property if and to the extent the decedent's right terminated at or continued beyond the decedent's death. (ii) An irrevocable transfer in trust which includes a restriction on transfer of the decedent's interest as settlor and beneficiary as described in Section 75B-1-303. (iii) The amount included is the value of the fraction of the property to which the right or restriction related, to the extent the fraction of the property passed outside probate to or for the benefit of any person other than the decedent's estate or surviving spouse. (b) (i) Any transfer in which the decedent created a power over income or property, exercisable by the decedent alone or in conjunction with any other person, or exercisable by a nonadverse party, to or for the benefit of the decedent, creditors of the decedent, the decedent's estate, or creditors of the decedent's estate. (ii) The amount included with respect to a power over property is the value of the property subject to the power, and the amount included with respect to a power over income is the value of the property that produces or produced the income, to the extent the power in either case was exercisable at the decedent's death to or for the benefit of any person other than the decedent's surviving spouse or to the extent the property passed at the decedent's death, by exercise, release, lapse, in default, or otherwise, to or for the benefit of any person other than the decedent's estate or surviving spouse. (iii) If the power is a power over both income and property and Subsection (2)(b)(ii) produces different amounts, the amount included is the greater amount. (3) Property that passed during marriage and during the two-year period next preceding the decedent's death as a result of a transfer by the decedent if the transfer was of any of the types described in this Subsection (3). (a) (i) Any property that passed as a result of the termination of a right or interest in, or power over, property that would have been included in the augmented estate under Subsection (1)(a), (b), or (c), or under Subsection (2), if the right, interest, or power had not terminated until the decedent's death. (ii) The amount included is the value of the property that would have been included under Subsection (1)(a), (b), (c), or Subsection (2) if the property were valued at the time the right, interest, or power terminated, and is included only to the extent the property passed upon termination to or for the benefit of any person other than the decedent or the decedent's estate, spouse, or surviving spouse. (iii) (A) As used in this Subsection (3)(a), "termination," with respect to a right or interest in property, occurs when the right or interest terminated by the terms of the governing instrument or the decedent transferred or relinquished the right or interest, and, with respect to a power over property, occurs when the power terminated by exercise, release, lapse, default, or otherwise. (B) With respect to a power described in Subsection (1)(a), "termination" occurs when the power terminated by exercise or release, but not otherwise. (b) (i) Any transfer of or relating to an insurance policy on the life of the decedent if the proceeds would have been included in the augmented estate under Subsection (1)(d) had the transfer not occurred. (ii) The amount included: (A) is the value of the insurance proceeds to the extent the proceeds were payable at the decedent's death to or for the benefit of any person other than the decedent's estate or surviving spouse; and (B) may not exceed the greater of the cash surrender value of the policy immediately prior to the death of the decedent or the amount of premiums paid on the policy during the decedent's life. (c) (i) Any transfer of property, to the extent not otherwise included in the augmented estate, made to or for the benefit of a person other than the decedent's surviving spouse. (ii) The amount included is the value of the transferred property to the extent the aggregate transfers to any one donee in either of the two years exceeded $10,000.
Utah Code § 75-2-1207 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1207
§ 75-2-1207. Prospective application.
Status: in_force

(1) (a) Except as extended by Subsection (2), this section applies to a nonvested property interest or a power of appointment that is created on or after December 31, 2003. (b) For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when: (i) the power is irrevocably exercised; or (ii) a revocable exercise becomes irrevocable. (2) If a nonvested property interest or a power of appointment was created before December 31, 2003, and is determined in a judicial proceeding, commenced on or after December 31, 2003, to violate Utah's rule against perpetuities as that rule existed before December 31, 2003, a court upon the petition of an interested person may reform the disposition: (a) in the manner that most closely approximates the transferor's manifested plan of distribution; and (b) that is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. (3) Section 75-2-1203 applies to a trust instrument or conveyance executed on or after December 31, 2003, if the trust instrument or conveyance creates a contingent power of appointment or nonvested property interest subject to the exercise of a power of appointment that creates a new or successive power of appointment.
Utah Code § 75-2-114 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-114
§ 75-2-114. Parent and child relationship.
Status: in_force

(1) As used in this section, "pre-existing parent" means the same as that term is defined in Section 81-13-101. (2) (a) Except as provided in Subsections (3) and (4), for purposes of intestate succession by, through, or from a person, an individual is the child of the individual's parents, regardless of the individual's parent's marital status. (b) The parent and child relationship may be established as provided in Title 81, Chapter 5, Uniform Parentage Act. (3) An adopted individual is the child of the adopting parent or parents and not of the adopted individual's pre-existing parent, except that the adoption of a child by the spouse of a child's pre-existing parent has no effect on the relationship between the child and that pre-existing parent. (4) Inheritance from or through a child by the child's parent or the child's kindred is precluded unless that parent has openly treated the child as the parent's and has not refused to support the child.
Utah Code § 75-1-102 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-102
§ 75-1-102. Purposes -- Rule of construction.
Status: in_force

(1) This title shall be liberally construed and applied to promote its underlying purposes and policies. (2) The underlying purposes and policies of this title are: (a) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons; (b) to discover and make effective the intent of a decedent in distribution of the decedent's property; (c) to promote a speedy and efficient system for administering the estate of the decedent and making distribution to the decedent's successors; (d) to facilitate use and enforcement of certain trusts; and (e) to make uniform the law among the various jurisdictions.
Utah Code § 75-6-412 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-412
§ 75-6-412. Effect of transfer on death deed during transferor's life.
Status: in_force

During a transferor's life, a transfer on death deed does not: (1) affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed; (3) affect an interest or right of the transferor's secured or unsecured creditors or future creditors, even if they have actual or constructive notice of the deed; (4) affect the transferor's or designated beneficiary's eligibility for any form of public assistance; (5) create a legal or equitable interest in favor of the designated beneficiary; or (6) subject the property to claims or process of the designated beneficiary's creditors.
Utah Code § 75-1-104 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-104
§ 75-1-104. Severability.
Status: in_force

If any provision of this title or the application of this title to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this title that can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable.
Utah Code § 75-5-307 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-307
§ 75-5-307. Removal or resignation of guardian.
Status: in_force

(1) On a petition of resignation from a guardian, the court may: (a) accept the guardian's resignation; or (b) make any other order that is appropriate. (2) On a petition of removal of a guardian from the ward or any person interested in the ward's welfare, the court may remove a guardian if: (a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation; (b) the guardian fails to perform the guardian's duties described in Section 75-5-312; (c) the guardian is unable to perform the guardian's duties, described in Section 75-5-312, due to incapacity or illness; (d) the guardian fails to use reasonable care and diligence in the management of the ward's estate; (e) the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5; (f) the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or (g) removal of the guardian would be in the best interest of the ward. (3) If the court removes a guardian under Subsection (2), the court may: (a) appoint a successor guardian; or (b) make any other order that is appropriate. (4) On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the ward for a petition for appointment of a guardian under Section 75-5-303. (5) The court is not required to appoint an attorney to represent the ward if the case is uncontested and the ward's incapacity is not at issue.
Utah Code § 75-3-805 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-805
§ 75-3-805. Classification of claims.
Status: in_force

(1) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (a) reasonable funeral expenses; (b) costs and expenses of administration; (c) debts and taxes with preference under federal law; (d) reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending the decedent, and medical assistance if Section 26B-3-1013 applies; (e) debts and taxes with preference under other laws of this state; and (f) all other claims. (2) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.
Utah Code § 75-2-101 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-101
§ 75-2-101. Intestate succession.
Status: in_force

(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as provided in this title, except as modified by the decedent's will. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.
Utah Code § 75-13-202 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-202
§ 75-13-202. Principles of law and equity.
Status: in_force

The laws of this state and principles of equity applicable to a non-testamentary estate planning document apply to an electronic non-testamentary estate planning document except as modified by this part.
Utah Code § 75-3-717 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-717
§ 75-3-717. Powers of surviving personal representative.
Status: in_force

Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-executors is not appointed, those appointed may exercise all the powers incident to the office.
Utah Code § 75-3-1201 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1201
§ 75-3-1201. Collection of personal property by affidavit -- Vehicles -- Water shares excluded.
Status: in_force

(1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property, including an instrument evidencing a debt, obligation, stock, or chose in action, belonging to the decedent shall pay the indebtedness or deliver the tangible personal property, or instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent, upon being presented with an affidavit made by or on behalf of the successor stating that: (a) the value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000; (b) 30 days have elapsed since the death of the decedent; (c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and (d) the claiming successor is entitled to payment or delivery of the property. (2) Consistent with the requirements of this section, a transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit and the security as provided in Subsection (1). (3) The Motor Vehicle Division of the State Tax Commission shall transfer title of not more than four boats, motor vehicles, trailers, or semitrailers, registered under Title 41, Motor Vehicles, or Title 73, Chapter 18, State Boating Act, from the decedent to the successor or successors upon presentation of an affidavit as provided in Subsection (1) and upon payment of the necessary fees, except that in lieu of that language in Subsection (1)(a), the affidavit shall state that the value of the entire estate subject to administration, wherever located, other than those motor vehicles, trailers, or semitrailers, less liens and encumbrances, does not exceed $100,000. (4) Shares of stock in a water company that are transferred under Section 73-1-10 or Title 70A, Chapter 8, Uniform Commercial Code - Investment Securities, are not eligible for transfer under this part.
Utah Code § 75-6-404 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-404
§ 75-6-404. Nonexclusivity.
Status: in_force

This part does not affect any method of transferring property otherwise permitted under the law of this state.
Utah Code § 75-3-905 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-905
§ 75-3-905. Penalty clause for contest.
Status: in_force

A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.
Utah Code § 75-3-706 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-706
§ 75-3-706. Employment of appraisers.
Status: in_force

The personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items he appraised.
Utah Code § 75-5-305 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-305
§ 75-5-305. Acceptance of appointment -- Consent to jurisdiction.
Status: in_force

By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person or any person interested in the welfare of the ward. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner.
Utah Code § 75-2-803 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-803
§ 75-2-803. Definitions -- Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations -- Petition -- Forfeiture -- Revocation.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Conviction" means the same as that term is defined in Section 77-38b-102. (b) "Decedent" means a deceased individual. (c) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (d) (i) Except as provided in Subsection (1)(d)(ii), "disqualifying homicide" means any felony homicide offense described in Title 76, Chapter 5, Offenses Against the Individual, for which the elements are established by a preponderance of the evidence and by applying the same principles of culpability and defenses described in Title 76, Criminal Offenses. (ii) "Disqualifying homicide" does not include an offense for: (A) automobile homicide, as described in Section 76-5-207; and (B) automobile homicide involving using a handheld wireless communication device while driving, as described in Section 76-5-207.5. (e) "Governing instrument" means a governing instrument executed by the decedent. (f) "Killer" means an individual who commits a disqualifying homicide. (g) "Revocable" means a disposition, appointment, provision, or nomination under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the killer regardless of whether at the time or immediately before death: (i) the decedent was empowered to designate the decedent in place of the decedent's killer; or (ii) the decedent had the capacity to exercise the power. (2) (a) An individual who commits a disqualifying homicide of the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowance. (b) If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed the killer's intestate share. (3) The killing of the decedent by means of a disqualifying homicide: (a) revokes any revocable: (i) disposition or appointment of property made by the decedent to the killer in a governing instrument; (ii) provision in a governing instrument conferring a general or nongeneral power of appointment on the killer; and (iii) nomination of the killer in a governing instrument, nominating or appointing the killer to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, or agent; and (b) severs the interests of the decedent and killer in property held by them at the time of the killing as joint tenants with the right of survivorship, transforming the interests of the decedent and killer into tenancies in common. (4) A severance under Subsection (3)(b) does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the killer unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership. (5) Provisions of a governing instrument are given effect as if the killer disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the killer predeceased the decedent. (6) A wrongful acquisition of property or interest by one who kills another under circumstances not covered by this section shall be treated in accordance with the principle that a killer cannot profit from the killer's wrong. (7) (a) An interested person may petition the court to determine whether an individual has committed a disqualifying homicide of the decedent. (b) An individual has committed a disqualifying homicide of the decedent for purposes of this section if: (i) unless the court finds that disinheritance would create a manifest injustice, the court finds that, by a preponderance of the evidence, the individual has committed a disqualifying homicide of the decedent; or (ii) the court finds that a judgment of conviction has been entered against the individual for a disqualifying homicide of the decedent and all direct appeals for the judgment have been exhausted. (8) (a) Before a court determines whether an individual committed a disqualifying homicide of the decedent under Subsection (7), the decedent's estate may petition the court to: (i) enter a temporary restraining order, an injunction, or a temporary restraining order and an injunction, to preserve the property or assets of the killer or the killer's estate; (ii) require the execution of a trustee's bond under Section 75B-2-702 for the killer's estate; (iii) establish a constructive trust on any property or assets of the killer or the killer's estate that is effective from the time the killer's act caused the death of the decedent; or (iv) take any other action necessary to preserve the property or assets of the killer or the killer's estate: (A) until a court makes a determination under Subsection (7); or (B) for the payment of all damages and judgments for conduct resulting in the disqualifying homicide of the decedent. (b) Upon a petition for a temporary restraining order or an injunction under Subsection (8)(a)(i), a court may enter a temporary restraining order against an owner's property in accordance with Rule 65A of the Utah Rules of Civil Procedure, without notice or opportunity of a hearing, if the court determines that: (i) there is a substantial likelihood that the property is, or will be, necessary to satisfy a judgment or damages owed by the killer for conduct resulting in the disqualifying homicide of the decedent; and (ii) notice of the hearing would likely result in the property being: (A) sold, distributed, destroyed, or removed; and (B) unavailable to satisfy a judgment or damages owed by the killer for conduct resulting in the disqualifying homicide of the decedent. (9) (a) (i) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a disqualifying homicide, or for having taken any other action in good faith reliance on the validity of the governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice of a claimed forfeiture or revocation under this section. (ii) A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this section. (b) (i) Written notice of a claimed forfeiture or revocation under Subsection (9)(a) shall be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. (ii) Upon receipt of written notice of a claimed forfeiture or revocation under this section, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by the payor or third party to or with: (A) the court having jurisdiction of the probate proceedings relating to the decedent's estate; or (B) if no proceedings have been commenced, the court having jurisdiction of probate proceedings relating to the decedent's estates located in the county of the decedent's residence. (iii) The court shall hold the funds or item of property and, upon the court's determination under this section, shall order disbursement in accordance with the determination. (iv) Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court. (10) (a) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is: (i) not obligated under this section to return the payment, item of property, or benefit; and (ii) not liable under this section for the amount of the payment or the value of the item of property or benefit. (b) Notwithstanding Subsection (10)(a), a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this section is: (i) obligated to return the payment, item of property, or benefit to the person who is entitled to the payment, property, or benefit under this section; and (ii) personally liable for the amount of the payment or the value of the item of property or benefit to the person who is entitled to the payment, property, or benefit under this section. (c) If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this section is: (i) obligated to return the payment, item of property, or benefit to the person who would have been entitled to the payment, property, or benefit if this section or part were not preempted; and (ii) personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to the payment, property, or benefit if this section or part were not preempted.7/1/2026 (1) As used in this section: (a) "Conviction" means the same as that term is defined in Section 77-38b-102. (b) "Decedent" means a deceased individual. (c) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (d) (i) Except as provided in Subsection (1)(d)(ii), "disqualifying homicide" means any felony homicide offense described in Title 76, Chapter 5, Offenses Against the Individual, for which the elements are established by a preponderance of the evidence and by applying the same principles of culpability and defenses described in Title 76, Criminal Offenses. (ii) "Disqualifying homicide" does not include an offense for: (A) automobile homicide, as described in Section 76-5-207; and (B) automobile homicide involving using a handheld wireless communication device while driving, as described in Section 76-5-207.5. (e) "Governing instrument" means a governing instrument executed by the decedent. (f) "Killer" means an individual who commits a disqualifying homicide. (g) "Revocable" means a disposition, appointment, provision, or nomination under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the killer regardless of whether at the time or immediately before death: (i) the decedent was empowered to designate the decedent in place of the decedent's killer; or (ii) the decedent had the capacity to exercise the power. (2) (a) An individual who commits a disqualifying homicide of the decedent forfeits all benefits under this chapter with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's or child's share, a homestead allowance, exempt property, and a family allowance. (b) If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed the killer's intestate share. (3) The killing of the decedent by means of a disqualifying homicide: (a) revokes any revocable: (i) disposition or appointment of property made by the decedent to the killer in a governing instrument; (ii) provision in a governing instrument conferring a general or nongeneral power of appointment on the killer; and (iii) nomination of the killer in a governing instrument, nominating or appointing the killer to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, or agent; and (b) severs the interests of the decedent and killer in property held by them at the time of the killing as joint tenants with the right of survivorship, transforming the interests of the decedent and killer into tenancies in common. (4) A severance under Subsection (3)(b) does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the killer unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership. (5) Provisions of a governing instrument are given effect as if the killer disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the killer predeceased the decedent. (6) A wrongful acquisition of property or interest by one who kills another under circumstances not covered by this section shall be treated in accordance with the principle that a killer cannot profit from the killer's wrong. (7) (a) An interested person may petition the court to determine whether an individual has committed a disqualifying homicide of the decedent. (b) An individual has committed a disqualifying homicide of the decedent for purposes of this section if: (i) unless the court finds that disinheritance would create a manifest injustice, the court finds that, by a preponderance of the evidence, the individual has committed a disqualifying homicide of the decedent; or (ii) the court finds that a judgment of conviction has been entered against the individual for a disqualifying homicide of the decedent and all direct appeals for the judgment have been exhausted. (8) (a) Before a court determines whether an individual committed a disqualifying homicide of the decedent under Subsection (7), the decedent's estate may petition the court to: (i) enter a temporary restraining order, an injunction, or a temporary restraining order and an injunction, to preserve the property or assets of the killer or the killer's estate; (ii) require the execution of a trustee's bond under Section 75B-2-702 for the killer's estate; (iii) establish a constructive trust on any property or assets of the killer or the killer's estate that is effective from the time the killer's act caused the death of the decedent; or (iv) take any other action necessary to preserve the property or assets of the killer or the killer's estate: (A) until a court makes a determination under Subsection (7); or (B) for the payment of all damages and judgments for conduct resulting in the disqualifying homicide of the decedent. (b) Upon a petition for a temporary restraining order or an injunction under Subsection (8)(a)(i), a court may enter a temporary restraining order against an owner's property in accordance with Rule 65A of the Utah Rules of Civil Procedure, without notice or opportunity of a hearing, if the court determines that: (i) there is a substantial likelihood that the property is, or will be, necessary to satisfy a judgment or damages owed by the killer for conduct resulting in the disqualifying homicide of the decedent; and (ii) notice of the hearing would likely result in the property being: (A) sold, distributed, destroyed, or removed; and (B) unavailable to satisfy a judgment or damages owed by the killer for conduct resulting in the disqualifying homicide of the decedent. (9) (a) (i) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a disqualifying homicide, or for having taken any other action in good faith reliance on the validity of the governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice of a claimed forfeiture or revocation under this section. (ii) A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this section. (b) (i) Written notice of a claimed forfeiture or revocation under Subsection (9)(a) shall be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. (ii) Upon receipt of written notice of a claimed forfeiture or revocation under this section, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by the payor or third party to or with: (A) the court having jurisdiction of the probate proceedings relating to the decedent's estate; or (B) if no proceedings have been commenced, the court having jurisdiction of probate proceedings relating to the decedent's estates located in the county of the decedent's residence. (iii) The court shall hold the funds or item of property and, upon the court's determination under this section, shall order disbursement in accordance with the determination. (iv) Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court. (10) (a) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is: (i) not obligated under this section to return the payment, item of property, or benefit; and (ii) not liable under this section for the amount of the payment or the value of the item of property or benefit. (b) Notwithstanding Subsection (10)(a), a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this section is: (i) obligated to return the payment, item of property, or benefit to the person who is entitled to the payment, property, or benefit under this section; and (ii) personally liable for the amount of the payment or the value of the item of property or benefit to the person who is entitled to the payment, property, or benefit under this section. (c) If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this section is: (i) obligated to return the payment, item of property, or benefit to the person who would have been entitled to the payment, property, or benefit if this section or part were not preempted; and (ii) personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to the payment, property, or benefit if this section or part were not preempted.
Utah Code § 75-5-701 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-701
§ 75-5-701. Definitions.
Status: in_force

As used in this part: (1) "Abuse" means the same as that term is defined in Section 26B-6-201. (2) "Coercion" means influencing or attempting to influence a principal using force, threats, or intimidation. (3) "Covered entity" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (4) "Exploitation" means the same as that term is defined in Section 26B-6-201. (5) "Good faith" means honesty in fact in the conduct or transaction concerned. (6) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, 50 Pub. L. No. 104-191, 110 Stat. 1936, as amended. (7) "Neglect" means the same as that term is defined in Section 26B-6-201. (8) "Principal" means an individual who: (a) is 18 years old or older; (b) has a disability, as that term is defined in Section 26B-6-801; and (c) has entered into a supported decision-making agreement with at least one supporter. (9) "Protected health information" means the same as that term is defined in 45 C.F.R. Sec. 160.103. (10) (a) "Solicit" means to ask, command, encourage, importune, urge, or request. (b) "Solicit" does not include providing information, materials, resources, or education materials to an individual. (11) "Qualifying person" means a person who has a legal right to receive notice regarding, or legal decision-making authority for, an individual seeking to enter into a supported decision-making agreement, which may include: (a) the agent for a power of attorney; (b) the agent for an advance health care directive; or (c) the personal representative of a will or the trustee of a trust. (12) "Supported decision-making" means the process of supporting and accommodating an individual in the decision-making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the individual. (13) "Supported decision-making agreement" means an agreement between a principal and at least one supporter, subject to the requirements described in Section 75-5-704. (14) "Supporter" means an individual: (a) who is 18 years old or older; (b) who is not being paid to provide support to the principal, unless the individual is receiving caregiver compensation through the Division of Services for People with Disabilities or is a sibling of the principal who cares for the principal; (c) who does not have any of the following: (i) a substantiated allegation of abuse, neglect, or exploitation; (ii) a protective or restraining order; or (iii) a conviction for: (A) harm of another; (B) theft; or (C) financial crime; and (d) who has agreed to provide specified assistance to a principal by entering into a supported decision-making agreement with the principal. (15) "Undue influence" means the same as that term is defined in Section 26B-6-201.
Utah Code § 75-3-1003 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1003
§ 75-3-1003. Closing estates -- By sworn statement of personal representative -- Waiver of accountings.
Status: in_force

(1) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings when all of the distributees of the estate consent in writing, a personal representative may close an estate by filing with the court no earlier than four months after the date of original appointment of a general personal representative for the estate, a verified statement stating that the personal representative, or a prior personal representative whom the personal representative has succeeded, has: (a) determined that the time limitation for presentation of creditors' claims has expired; (b) fully administered the estate of the decedent by making payment, settlement, or other disposition of all claims which were presented, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement shall state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or it shall state in detail other arrangements which have been made to accommodate outstanding liabilities; and (c) sent a copy of the statement to all distributees of the estate and to all creditors or other claimants of whom he is aware whose claims are neither paid nor barred and has furnished a full account in writing of his administration to the distributees whose interests are affected thereby. (2) If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates. (3) Any accounting required under this section or either Section 75-3-1001 or 75-3-1002 may be waived when all of the distributees of the estate consent in writing to the waiver.
Utah Code § 75-5-705 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-705
§ 75-5-705. Supporter duties.
Status: in_force

(1) A supporter shall: (a) act with the care, competence, and diligence ordinarily exercised by individuals in similar circumstances, and in accordance with the supporter's skills or expertise; (b) act in good faith; (c) comply with the terms of the supported decision-making agreement; (d) maintain records, which the supporter shall make available to the principal upon request, concerning: (i) the supporter's actions under the supported decision-making agreement; and (ii) how the principal communicates and expresses opinions to the supporter; and (e) ensure that all information collected on behalf of the principal pursuant to the supported decision-making agreement and this section is: (i) kept confidential, as appropriate; (ii) not subject to unauthorized access, use, or disclosure; and (iii) properly disposed of when appropriate. (2) Except as otherwise provided in the supported decision-making agreement or Subsection (3), a supporter may, as directed by the principal: (a) assist the principal in understanding information, options, responsibilities, and consequences of the principal's life decisions, including decisions relating to the principal's affairs or supportive services; (b) help the principal access, obtain, and understand information that is relevant to a life decision, including medical, psychological, financial, or educational decisions, or any treatment records or records related to the management of the principal's affairs or supportive services; (c) assist the principal with finding, obtaining, and making appointments for supportive services, and implement the principal's plans for supportive services; (d) help the principal monitor information about the principal's affairs or supportive services, including tracking future necessary or recommended services; (e) ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to others, and advocate to ensure that the wishes and decisions of the principal are implemented; or (f) assist the principal with obtaining information to which the principal is entitled. (3) A supporter may not: (a) coerce, exploit, exert undue influence on, or make decisions on behalf of the principal; (b) sign for the principal or provide an electronic signature of the principal to a third party; (c) make health care decisions for the principal; or (d) without the principal's consent: (i) obtain information that is not reasonably related to matters with which the supporter is authorized to support or assist the principal pursuant to the supported decision-making agreement; (ii) use information acquired in connection with the supported decision-making agreement for a purpose other than supporting or assisting the principal pursuant to the supported decision-making agreement; or (iii) delegate the supporter's duties to a third party.
Utah Code § 75-6-308 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-308
§ 75-6-308. Ownership on death of owner.
Status: in_force

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
Utah Code § 75-5-405 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-405
§ 75-5-405. Notice.
Status: in_force

(1) On a petition for appointment of a conservator or other protective order, the person to be protected and his spouse or, if none, his parents, must be served personally with notice of the proceeding at least 10 days before the date of the hearing if they can be found within the state, or, if they cannot be found within the state, they must be given notice in accordance with Section 75-1-401. Waiver by the person to be protected is not effective unless he attends the hearing or, unless minority is the reason for the proceeding, waiver is confirmed in an interview with the visitor. (2) Notice of a petition for appointment of a conservator or other initial protective order, and of any subsequent hearing, must be given to any person who has filed a request for notice under Section 75-5-406 and to interested persons and other persons as the court may direct. Except as otherwise provided in Subsection (1) above, notice shall be given in accordance with Section 75-1-401.
Utah Code § 75-3-406 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-406
§ 75-3-406. Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses.
Status: in_force

(1) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent, and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence. (2) If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
Utah Code § 75-3-612 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-612
§ 75-3-612. Termination of appointment -- Change of testacy status.
Status: in_force

Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, does not terminate the appointment of the personal representative although his powers may be reduced as provided in Section 75-3-401. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within 30 days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.
Utah Code § 75-6-114 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-114
§ 75-6-114. Financial institution protection -- Costs and attorneys' fees.
Status: in_force

A financial institution shall have a lien for its costs and attorneys' fees on the sums on deposit in any multiple-party account in such institution which becomes the subject of any litigation as to the rights to such sums. This lien shall attach only if the financial institution acted in good faith and with good cause.
Utah Code § 75-6-418 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-418
§ 75-6-418. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Utah Code § 75-2-111 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-111
§ 75-2-111. Alienage.
Status: in_force

No individual is disqualified to take as an heir because the individual or an individual through whom he claims is or has been an alien.
Utah Code § 75-3-714 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-714
§ 75-3-714. Transactions authorized for personal representatives -- Exceptions.
Status: in_force

Except as restricted or otherwise provided by this title, by the will or by an order in a formal proceeding and subject to the priorities stated in Section 75-3-902, a personal representative, acting reasonably for the benefit of the interested persons, may properly: (1) retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment; (2) receive assets from fiduciaries, or other sources; (3) perform, compromise, or refuse performance of the decedent's contracts that continue as obligations of the estate, as he may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may: (a) execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land; or (b) deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement; (4) satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances; (5) if funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including money received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, or other prudent investments which would be reasonable for use by trustees generally; (6) acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset; (7) make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, or raze existing or erect new party walls or buildings; (8) subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; adjust differences in valuation on exchange or partition by giving or receiving considerations; or dedicate easements to public use without consideration; (9) enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the period of administration; (10) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement; (11) abandon property when, in the opinion of the personal representative, it is valueless, is so encumbered, or is in condition that it is of no benefit to the estate; (12) vote stocks or other securities in person or by general or limited proxy; (13) pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims; (14) hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in connection with the security so held; (15) insure the assets of the estate against damage, loss, and liability and himself against liability as to third persons; (16) borrow money with or without security to be repaid from the estate assets or otherwise; and advance money for the protection of the estate; (17) effect a fair and reasonable compromise with any debtor or obligor, or extend, renew, or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge, or other lien upon property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien; (18) pay taxes, assessments, compensation of the personal representative, and other expenses incident to the administration of the estate; (19) sell or exercise stock subscription or conversion rights; and consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise; (20) allocate items of income or expense to either estate income or principal, as permitted or provided by law; (21) employ persons, including attorneys, auditors, investment advisers, or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of his administrative duties; act without independent investigation upon their recommendations; and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary; (22) prosecute or defend claims or proceedings in any jurisdiction for the protection of the estate and of the personal representative in the performance of his duties; (23) sell, mortgage, or lease any real or personal property of the estate or any interest in it for cash, credit, or for part cash and part credit, and with or without security for unpaid balances; (24) continue any unincorporated business or venture in which the decedent was engaged at the time of his death: (a) in the same business form for a period of not more than four months from the date of appointment of a general personal representative if continuation is a reasonable means of preserving the value of the business including good will; (b) in the same business form for any additional period of time that may be approved by order of the court in a formal proceeding to which the persons interested in the estate are parties; or (c) throughout the period of administration if the business is incorporated by the personal representative and if none of the probable distributees of the business who are competent adults object to its incorporation and retention in the estate; (25) incorporate any business or venture in which the decedent was engaged at the time of his death; (26) provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate; (27) satisfy and settle claims and distribute the estate as provided in this title.
Utah Code § 75-6-201 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-201
§ 75-6-201. Provisions for payment or transfer at death.
Status: in_force

(1) Any of the following provisions in an insurance policy, contract of employment, bond, mortgage, promissory note, deposit agreement, pension plan, trust agreement, conveyance, or any other written instrument effective as a contract, gift, conveyance, or trust are considered nontestamentary, and this title does not invalidate the instrument or any provision: (a) that money or other benefits previously due to, controlled, or owned by a decedent shall be paid after his death to a person designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently; (b) that any money due or to become due under the instrument shall cease to be payable in event of the death of the promisee or the promisor before payment or demand; or (c) that any property which is the subject of the instrument shall pass to a person designated by the decedent in either the instrument or a separate writing, including a will, executed at the same time as the instrument or subsequently. (2) Nothing in this section limits the rights of creditors under other laws of this state. (3) (a) Any provision in a lease of a safety deposit repository to the effect that two or more persons shall have access to the repository, that purports to create a joint tenancy in the repository or in the contents of the repository, or that purports to vest ownership of the contents of the repository in the surviving lessee is ineffective to create joint ownership of the contents of the repository or to transfer ownership at death of one of the lessees to the survivor. (b) Ownership of the contents of the repository and devolution of title to these contents is determined according to rules of law without regard to the lease provisions. (c) The contents of the repository may be delivered on request to any person who has access to the repository by the terms of the lease agreement without liability on the part of the financial institution or other person where the repository is located. (4) Any motor vehicle, trailer, semitrailer, or boat registration in the names of two or more individuals shall be deemed to be held in joint tenancy with right of survivorship unless otherwise indicated.
Utah Code § 75-1-201 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-201
§ 75-1-201. Title definitions.
Status: in_force

As used in this title: (1) "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under a natural death act. (2) "Application" means a written request to the registrar for an order of informal probate or appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings. (3) (a) "Beneficiary," as it relates to trust beneficiaries, includes: (i) a person who has any present or future interest, vested or contingent; and (ii) the owner of an interest by assignment or other transfer. (b) "Beneficiary," as it relates to a charitable trust, includes any person entitled to enforce the trust. (c) "Beneficiary," as it relates to a beneficiary of a beneficiary designation, means a beneficiary of: (i) an insurance or annuity policy; (ii) an account with POD designation; (iii) a security registered in beneficiary form (TOD); (iv) a pension, profit-sharing, retirement, or similar benefit plan; or (v) other nonprobate transfer at death. (d) "Beneficiary," as it relates to a beneficiary designated in a governing instrument, includes: (i) a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee, or taker in default of a power of appointment; and (ii) a person in whose favor a power of attorney or a power held in any individual, fiduciary, or representative capacity is exercised. (4) "Beneficiary designation" means a governing instrument naming a beneficiary of an insurance or annuity policy, of an account with POD designation, of a security registered in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit plan, or other nonprobate transfer at death. (5) (a) "Child" includes any individual entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. (b) "Child" does not include an individual who is only a stepchild, a foster child, a grandchild, or any more remote descendant. (6) (a) "Claims," in respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person, whether arising in contract, in tort, or otherwise, and liabilities of the estate which arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. (b) "Claims" does not include estate or inheritance taxes, or demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate. (7) "Community property with a right of survivorship" means joint tenants with the right of survivorship. (8) "Conservator" means a person who is appointed by a court to manage the estate of a protected person. (9) "Court" means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. (10) "Descendant" means all of an individual's descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained in this title. (11) "Devise," when used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. (12) "Devisee" means any person designated in a will to receive a devise. For the purposes of Chapter 3, Probate of Wills and Administration, in the case of a devise to an existing trust or trustee, or to a trustee in trust described by will, the trust or trustee is the devisee, and the beneficiaries are not devisees. (13) "Disability" means cause for a protective order as described by Section 75-5-401. (14) "Distributee" means any person who has received property of a decedent from his personal representative other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For purposes of this provision, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the extent of the devised assets. (15) "Estate" includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. (16) "Exempt property" means that property of a decedent's estate which is described in Section 75-2-403. (17) "Fiduciary" includes a personal representative, guardian, conservator, and trustee. (18) "Foreign personal representative" means a personal representative of another jurisdiction. (19) "Formal proceedings" means proceedings conducted before a judge with notice to interested persons. (20) "General personal representative" does not include a special administrator. (21) "General power of appointment" means the same as that term is defined in Section 75A-4-102. (22) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, a supported decision-making agreement, or a dispositive, appointive, or nominative instrument of any similar type. (23) (a) "Guardian" means a person appointed by the court to make decisions with respect to the personal affairs of an individual. (b) "Guardian" includes a coguardian. (c) "Guardian" does not include a guardian ad litem. (24) "Heirs," except as controlled by Section 75-2-711, means persons, including the surviving spouse and state, who are entitled under the statutes of intestate succession to the property of a decedent. (25) "Incapacitated" means an adult's ability to do the following is functionally impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care: (a) receive and evaluate information; (b) make and communicate decisions; or (c) provide for necessities such as food, shelter, clothing, health care, or safety. (26) "Incapacity" means the state of being incapacitated. (27) "Informal proceedings" mean a proceeding conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative. (28) (a) "Interested person" includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person. The meaning of interested person as it relates to particular persons may vary from time to time and is determined according to the particular purposes of, and matter involved in, any proceeding. (b) "Interested person" includes persons having priority for appointment as personal representative, other fiduciaries representing interested persons, a settlor of a trust, if living, or the settlor's legal representative, if any, if the settlor is living but incapacitated. (29) "Issue" means a descendant of an individual. (30) (a) "Joint tenants with the right of survivorship" includes coowners of property held under circumstances that entitle one or more to the whole of the property on the death of the other. (b) "Joint tenants with the right of survivorship" does not include forms of coownership registration in which the underlying ownership of each party is in proportion to that party's contribution. (31) "Lease" includes an oil, gas, or other mineral lease. (32) "Letters" includes letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. (33) "Minor" means an individual who is under 18 years old. (34) "Minor protected person" means a minor for whom a conservator has been appointed because of minority. (35) "Minor ward" means a minor for whom a guardian has been appointed solely because of minority. (36) "Mortgage" means any conveyance, agreement, or arrangement in which property is used as security. (37) "Nongeneral power of appointment" means the same as that term is defined in Section 75A-4-102. (38) "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of the decedent's death. (39) "Organization" means an association, a business trust, a corporation, a partnership, a government or governmental subdivision, agency, or instrumentality, an estate, a limited liability company, a joint venture, a trust, or any other legal or commercial entity. (40) (a) "Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. (b) "Parent" does not include any person who is only a stepparent, foster parent, or grandparent. (41) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency or subdivision, or any other person authorized or obligated by law or a governing instrument to make payments. (42) "Person" means an individual or an organization. (43) "Personal representative" means an executor, an administrator, a successor personal representative, a special administrator, or a person who performs substantially the same function under the law governing the person's status. (44) "Petition" means a written request to the court for an order after notice. (45) "Power of appointment" means the same as that term is defined in Section 75A-4-102. (46) "Proceeding" includes action at law and suit in equity. (47) "Property" means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest in anything that may be the subject of ownership. (48) "Protected person" means a person for whom a conservator has been appointed. (49) "Protective proceeding" means a proceeding described in Section 75-5-401. (50) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (51) "Registrar" means the official of the court designated to perform the functions of registrar as provided in Section 75-1-307. (52) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest, or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, and, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. (53) "Settlement," in reference to a decedent's estate, includes the full process of administration, distribution, and closing. (54) "Settlor" means the same as that term is defined in Section 75B-1-101. (55) "Sign" means, with present intent to authenticate or adopt a record other than a will that is not an electronic will as defined in Section 75-2-1402: (a) to execute or adopt a tangible symbol; or (b) to attach to or logically associate with the record an electronic symbol, sound, or process. (56) "Special administrator" means a personal representative as described in Sections 75-3-614 through 75-3-618. (57) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. (58) "Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. (59) "Successors" means persons, other than creditors, who are entitled to property of a decedent under the decedent's will or this title. (60) "Supervised administration" means the proceedings described in Chapter 3, Part 5, Supervised Administration. (61) (a) "Survive" means, except for Chapter 6, Part 3, Uniform Transfer on Death Security Registration Act, that an individual has neither predeceased an event, including the death of another individual, nor is considered to have predeceased an event under Section 75-2-104 or 75-2-702. (b) "Survive" includes its derivatives, such as "survives," "survived," "survivor," and "surviving." (62) "Testacy proceeding" means a proceeding to establish a will or determine intestacy. (63) "Testator" means an individual, of either sex, who has made a will. (64) "Trust" means the same as that term is defined in Section 75B-1-101. (65) "Trustee" means the same as that term is defined in Section 75B-1-101. (66) "Ward" means an individual for whom a guardian has been appointed. (67) (a) "Will" means a writing or other record: (i) by which an individual directs the disposition of the individual's estate upon the individual's death; and (ii) only effective upon the death of the individual. (b) "Will" includes a writing or the other record described in Subsection (67)(a) that is: (i) a codicil; or (ii) an instrument that merely: (A) appoints a personal representative; (B) nominates a guardian for a minor or an individual who is incapacitated; (C) revokes or revises a prior writing or other record described in Subsection (67)(a); or (D) expressly limits or excludes the right of an individual or class to succeed to property by interstate succession.
Utah Code § 75-3-309 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-309
§ 75-3-309. Informal appointment proceedings -- Registrar not satisfied.
Status: in_force

If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of Sections 75-3-307 and 75-3-308, or for any other reason, he may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.
Utah Code § 75-1-404 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-404
§ 75-1-404. Publication in newspapers.
Status: in_force

(1) Newspapers shall publish all notices of proceedings under this title under the heading "Probate, Guardianship, Conservator and Trust Notices. Consult clerk of the court or the respective signers for further information." (2) The notices under Subsection (1) shall be published as often during the prescribed period as the paper is regularly issued, unless otherwise provided by law or directed by the court, and as far as possible in one column in the alphabetical order of the surnames of decedents, wards, incapacitated persons, and creators of trusts.
Utah Code § 75-2-611 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-611
§ 75-2-611. Direction to pay taxes in will.
Status: in_force

A general direction in a will to pay all taxes imposed as a result of a testator's death or similar language shall not be construed to include taxes imposed on a "generation skipping transfer" under Section 2601 of the Internal Revenue Code of 1986 (or any successor or amended section of similar content) unless the testator shall express an intention that these taxes be paid out of his estate by reference to the generation skipping tax or otherwise.
Utah Code § 75-3-705 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-705
§ 75-3-705. Duty of personal representative -- Inventory and appraisement.
Status: in_force

Within three months after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item. The personal representative shall send a copy of the inventory to interested persons who request it. He may also file the original of the inventory with the court.
Utah Code § 75-3-203 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-203
§ 75-3-203. Priority among persons seeking appointment as personal representative.
Status: in_force

(1) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: (a) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will; (b) the surviving spouse of the decedent who is a devisee of the decedent; (c) other devisees of the decedent; (d) the surviving spouse of the decedent; (e) other heirs of the decedent; (f) 45 days after the death of the decedent, any creditor. (2) An objection to an appointment can be made only in formal proceedings. In case of objection the priorities stated in Subsection (1) apply except that: (a) If the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of creditors, may appoint any qualified person; (b) In case of objection to appointment of a person other than one whose priority is determined by will by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than one-half of the probable distributable value, or, in default of this accord, any suitable person. (3) A person entitled to letters under Subsections (1)(b) through (1)(f) and a person aged 18 and over who would be entitled to letters but for his age, may nominate a qualified person to act as personal representative. Any person aged 18 and over may renounce his right to nominate or to an appointment by appropriate writing filed with the court. When two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them or in applying for appointment in informal proceedings. When two or more persons share a priority, any one or more of them who do not renounce may nominate another to act or apply for appointment in formal proceedings. Before appointing fewer than all persons who share a priority and who have not renounced or nominated another, the court must determine that those sharing the priority, although given notice of the formal proceedings, have failed to request appointment or to nominate another for appointment, and that administration is necessary. (4) Conservators of the estates of protected persons, or if there is no conservator, any guardian, except a guardian ad litem of a minor or incapacitated person, may exercise the same right to nominate, to object to another's appointment, or to participate in determining the preference of a majority in interest of the heirs and devisees that the protected person or ward would have if qualified for appointment. (5) Appointment of one who does not have priority under Subsection (1) or priority resulting from renunciation or nomination determined pursuant to this section may be made only in formal proceedings. Before appointing one without priority, the court must determine that those having priority, although given notice of the proceedings, have failed to request appointment or to nominate another for appointment, and that administration is necessary. (6) No person is qualified to serve as a personal representative who is: (a) under the age of 21; (b) a person whom the court finds unsuitable in formal proceedings. (7) A personal representative appointed by a court of the decedent's domicile has priority over all other persons except where the decedent's will nominates different persons to be personal representative in this state and in the state of domicile. The domiciliary personal representative may nominate another, who shall have the same priority as the domiciliary personal representative. (8) This section governs priority for appointment of a successor personal representative but does not apply to the selection of a special administrator.
Utah Code § 75-6-109 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-109
§ 75-6-109. Financial institution protection -- Payment after death or disability -- Joint account.
Status: in_force

Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under Section 75-6-104.
Utah Code § 75-3-803 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-803
§ 75-3-803. Limitations on presentation of claims.
Status: in_force

(1) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates: (a) one year after the decedent's death; or (b) within the time provided by Subsection 75-3-801(2) for creditors who are given actual notice, and where notice is published, within the time provided in Subsection 75-3-801(1) for all claims barred by publication. (2) In all events, claims barred by the nonclaim statute at the decedent's domicile are also barred in this state. (3) All claims against a decedent's estate which arise at or after the death of the decedent, including claims of the state and any of its subdivisions, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows: (a) a claim based on a contract with the personal representative within three months after performance by the personal representative is due; or (b) any other claim within the later of three months after it arises, or the time specified in Subsection (1)(a). (4) Nothing in this section affects or prevents: (a) any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate; (b) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which the decedent or the personal representative is protected by liability insurance; (c) collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative of the estate; (d) medical assistance recovery under Title 26B, Chapter 3, Part 10, Medical Benefits Recovery; or (e) any proceeding to enforce or collect a criminal account receivable, civil judgment of restitution, or civil account receivable, as those terms are defined in Section 77-32b-102. (5) If a personal representative has not been timely appointed in accordance with this chapter, one may be appointed for the limited purposes of Subsection (4)(b) for any claim timely brought against the decedent.
Utah Code § 75-2b-108 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-108
§ 75-2b-108. Creditor's rights.
Status: in_force

This chapter does not affect rights of creditors with respect to property to which this chapter applies.
Utah Code § 75-2-1201 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1201
§ 75-2-1201. Statutory Rule Against Perpetuities.
Status: in_force

This part is known as the "Statutory Rule Against Perpetuities."
Utah Code § 75-5-611 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-611
§ 75-5-611. Duties, powers, and rights of a guardian for an individual with a severe intellectual disability in a full guardianship.
Status: in_force

(1) This section only applies to a guardian who is appointed by a court for an individual with a severe intellectual disability in a full guardianship. (2) (a) A guardian shall diligently and in good faith carry out the specific duties, powers, and rights that the guardian is granted under this section and in the order of appointment entered under Section 75-5-609. (b) A guardian is not liable to a third person for acts of the individual with a severe intellectual disability solely by reason of the guardian having the same powers, rights, and duties as a parent with respect to the parent's unemancipated minor child. (3) (a) In carrying out duties, powers, and rights that a guardian is granted, the guardian shall encourage the individual with a severe intellectual disability, to the extent practicable, to participate in decisions, exercise self-determination, act on the individual's own behalf, and develop the skills to manage the individual's personal affairs. (b) To the extent known, a guardian shall consider the expressed desires, preferences, and personal values of the individual with a severe intellectual disability when making decisions about the individual. (4) A guardian is entitled to custody of the individual with a severe intellectual disability to the extent that the custody is consistent with the terms of any order by a court relating to the detention and commitment of the individual. (5) If a guardian has custody of the individual with a severe intellectual disability under Subsection (4), the guardian: (a) may establish the individual's place of residence within, or outside of, this state; and (b) shall provide for the care, comfort, and maintenance of the individual and arrange for the individual's training and education whenever appropriate. (6) Without regard to the custodial rights of the individual with a severe intellectual disability, a guardian shall take reasonable care of the individual's clothing, furniture, vehicles, and other personal effects and commence protective proceedings if other property of the individual is in need of protection. (7) A guardian of the individual with a severe intellectual disability may: (a) give the consent or approval that may be necessary to enable the individual to receive medical or other professional care, counsel, treatment, or service; (b) restrict or prohibit the individual's association with relatives and acquaintances if the guardian deems that the association is harmful to the individual; and (c) restrict the individual from taking or consuming: (i) a drug, as defined in Section 58-17b-102, that has not been prescribed to the individual; (ii) a tobacco product, an electronic cigarette product, or a nicotine product, as those terms are defined in Section 76-9-1101; (iii) alcohol; (iv) pornography; or (v) a legal substance or activity that would be harmful to the health and wellbeing of the individual. (8) (a) A guardian of the individual with a severe intellectual disability shall: (i) notify any interested person named in the order of appointment under Subsection 75-5-609(4) of any significant health care or treatment received by the individual; (ii) immediately notify persons who request notification and are not restricted in associating with the individual of: (A) the individual's admission to a hospital for three or more days or to a hospice program; (B) the individual's death; or (C) the arrangements for the disposition of the individual's remains; (iii) immediately notify all interested persons if the guardian reasonably believes that the individual's death is likely to occur within the next 10 days, based on: (A) the guardian's own observations; or (B) information from the individual's physician or other medical care providers; and (iv) provide the court with a current address of an individual if the guardian moves the individual. (b) For purposes of this Subsection (8), an interested person is a person required to receive notice in guardianship proceedings as described in Section 75-5-605. (9) If a conservator has not been appointed for the estate of the individual with a severe intellectual disability, a guardian may: (a) institute proceedings to compel any person under a duty to support the individual or to pay sums for the welfare of the individual to perform that duty; (b) receive money and tangible property deliverable to the individual and apply the money and property for support, care, and education of the individual, except that: (i) the guardian may not use funds from the individual's estate for room and board that the guardian or the guardian's family member or relative has furnished unless a charge for the service is approved by order of the court made upon notice to at least one adult relative in the nearest degree of kinship to the individual in which there is an adult; and (ii) the guardian shall manage the individual's money and property in a prudential manner to ensure that the individual qualifies for disability benefits. (10) (a) If a conservator has not been appointed for the estate of the individual with a severe intellectual disability, and except as provided in Subsection (13)(b), a guardian shall: (i) send a report with a full account to the court on an annual basis if the individual's estate is in excess of $50,000 excluding the residence, if any, owned by the individual; or (ii) fill out an informal annual report and mail the report to the court if the individual's estate is less than $50,000 excluding the residence, if any, owned by the individual. (b) An accounting report under Subsection (10)(a) shall include a statement regarding: (i) all assets at the beginning and end of the reporting year; (ii) any income received during the year; (iii) any disbursements for the support of the individual with a severe intellectual disability; (iv) any investments or trusts that are held for the individual's benefit; (v) any expenditures or fees charged to the individual's estate; and (vi) any other expenses incurred by the individual's estate. (c) The court may require additional information in an accounting report under Subsection (10)(a). (d) The Judicial Council shall approve forms for the accounting reports described in Subsection (10)(a). (e) An annual accounting report under Subsection (10)(a) shall be examined and approved by the court. (f) If the income of the individual with a severe intellectual disability is limited to a federal or state program requiring an annual accounting report, a copy of that report may be submitted to the court in lieu of the required annual accounting report under Subsection (10)(a). (g) (i) A corporate fiduciary is not required to petition the court, but shall submit the corporate fiduciary's internal report annually to the court. (ii) The report under Subsection (10)(g)(i) shall be examined and approved by the court. (h) If a fee is paid for an accounting of the estate of the individual with a severe intellectual disability, a fee may not be charged for an accounting of the individual's status under Subsection (13). (11) If a conservator has been appointed for the estate of the individual with a severe intellectual disability, a guardian shall: (a) control the custody and care of the individual and is entitled to receive reasonable sums for services and for room and board furnished to the individual as agreed upon between the guardian and the conservator if the amounts agreed upon are reasonable under the circumstances; (b) pay all of the individual's estate received by the guardian in excess of those funds expended to meet current expenses for support, care, and education of the individual to the conservator for management of the individual's estate as provided in this chapter; and (c) account to the conservator for funds expended to meet current expenses for support, care, and education of the individual. (12) If a conservator has been appointed for the estate of the individual with a severe intellectual disability, a guardian may request the conservator to expend the individual's estate by payment to third persons or institutions for the individual's care and maintenance. (13) (a) Except as provided in Subsection (13)(b), the guardian shall provide an annual accounting of the individual's status, including a report of the physical and mental condition of the individual, the individual's estate that has been subject to the guardian's possession, and the individual's place of residence and others living in the same household, to the court in the petition or the annual report as required under Subsection (10). (b) The guardian is not required to provide an annual report or accounting described in Subsection (10)(a) or (13)(a) if the guardian is the parent, grandparent, or sibling of the individual with a severe intellectual disability. (14) (a) The court may impose a penalty in an amount not to exceed $5,000 if a guardian: (i) makes a substantial misstatement on filings of annual reports; (ii) is guilty of gross impropriety in handling the property of the individual with a severe intellectual disability; or (iii) willfully fails to file the report required by this section after receiving written notice from the court of the failure to file and after a grace period of two months has elapsed. (b) The court may order restitution of funds misappropriated from the estate of the individual with a severe intellectual disability. (c) A penalty under this Subsection (14) shall be paid by the guardian and may not be paid by the individual or the individual's estate. (15) A person who refuses to accept the authority of a guardian with authority over financial decisions to transact business with the assets of the individual with a severe intellectual disability after receiving a certified copy of letters of guardianship is liable for costs, expenses, attorney fees, and damages if the court determines that the person did not act in good faith in refusing to accept the authority of the guardian.
Utah Code § 75-5-309 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-309
§ 75-5-309. Notices in guardianship proceedings.
Status: in_force

(1) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of an emergency guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the following: (a) the ward or the person alleged to be incapacitated and spouse, parents, and adult children of the ward or person; (b) any person who is serving as guardian or conservator or who has care and custody of the ward or person; (c) in case no other person is notified under Subsection (1)(a), at least one of the closest adult relatives, if any can be found; (d) any guardian appointed by the will of the parent who died later or spouse of the incapacitated person; and (e) Adult Protective Services if Adult Protective Services has received a referral under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult, concerning the welfare of the ward or person alleged to be incapacitated or concerning the guardian or conservator or proposed guardian or conservator. (2) The notice shall be in plain language and large type and the form shall have the final approval of the Judicial Council. The notice shall indicate the time and place of the hearing, the possible adverse consequences to the person receiving notice of rights, a list of rights, including the person's own or a court appointed counsel, and a copy of the petition. (3) Notice shall be served personally on the alleged incapacitated person and the person's spouse and parents if they can be found within the state. Notice to the spouse and parents, if they cannot be found within the state, and to all other persons except the alleged incapacitated person shall be given as provided in Section 75-1-401. Waiver of notice by the person alleged to be incapacitated is not effective unless the person attends the hearing or the person's waiver of notice is confirmed in an interview with the visitor appointed pursuant to Section 75-5-303.
Utah Code § 75-5-412 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-412
§ 75-5-412. Terms and requirements of bonds.
Status: in_force

(1) The following requirements and provisions apply to any bond required under Section 75-5-411: (a) unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other; (b) (i) by executing an approved bond of a conservator, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant; and (ii) notice of the proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner; (c) on petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator; and (d) the bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted. (2) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation under this title.
Utah Code § 75-3-912 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-912
§ 75-3-912. Private agreements among successors to decedent binding on personal representative.
Status: in_force

Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement, subject to his obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of his office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing contained in this section relieves trustees of any duties owed to beneficiaries of trusts.
Utah Code § 75-4-101 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-101
§ 75-4-101. Definitions.
Status: in_force

As used in this chapter: (1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in Chapter 3, Probate of Wills and Administration. (2) "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in Chapter 3, Probate of Wills and Administration, and excludes foreign personal representatives who acquire the power of a local personal representative under Section 75-4-205. (3) "Resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a nonresident decedent.
Utah Code § 75-2-102 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-102
§ 75-2-102. Intestate share of spouse.
Status: in_force

(1) The intestate share of a decedent's surviving spouse is: (a) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse; (b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.
Utah Code § 75-5-703 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-703
§ 75-5-703. Interpretation of part.
Status: in_force

This part shall be construed and applied in accordance with the following principles: (1) a principal should be able to: (a) live in the manner in which the principal wishes; and (b) make decisions about accepting or refusing support, assistance, or protection, as long as doing so does not cause serious bodily injury, as that term is defined in Section 26B-5-301, to the principal, or harm to others; (2) a principal should be informed about and, to the best of the principal's abilities, participate in the management of the principal's affairs; (3) a principal should receive the most effective, yet least restrictive and intrusive, form of support, assistance, or protection when the principal is unable to manage the principal's affairs alone; and (4) the values, beliefs, wishes, cultural norms, and traditions that a principal holds should be respected in supporting the principal.
Utah Code § 75-2-610 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-610
§ 75-2-610. Marital deduction formulas -- Wills.
Status: in_force

For estates of decedents dying after December 31, 1981, where a decedent's will executed before September 13, 1981, contains a formula expressly providing that the decedent's spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law, this formula shall be construed as referring to the unlimited marital deduction allowable by federal law as amended by Section 403(a) of the Economic Recovery Tax Act of 1981.
Utah Code § 75-2-902 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-902
§ 75-2-902. Duty of custodian of will -- Liability.
Status: in_force

After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate. A person who wilfully fails to deliver a will is liable to a person aggrieved for damages that may be sustained by the failure. A person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
Utah Code § 75-5-206 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-206
§ 75-5-206. Court appointment of guardian of minor -- Qualifications -- Priority of minor's nominee.
Status: in_force

(1) (a) The court may appoint as guardian any person whose appointment would be in the best interests of the minor. (b) In determining the minor's best interests, the court may consider the minor's physical, mental, moral, and emotional health needs. (2) Except as provided in Subsection (3), the court shall appoint a person nominated by the minor, if the minor is 14 years of age or older, unless the court finds the appointment contrary to the best interests of the minor. (3) The court may deny the appointment of a guardian for a minor of school age if it finds that: (a) if the minor is older than 11 years of age: (i) the minor has not secured a certificate from the local police authority in the jurisdiction where the minor has lived during the past two years stating that there have been no criminal charges filed against the minor and the minor is not the subject of a criminal investigation in that jurisdiction and given a copy of the certificate to the superintendent of the school district in which the minor would attend school in Utah; or (ii) a release has not been given by or on behalf of the minor to the superintendent of the school district in which the minor would attend school in Utah within a reasonable time prior to the guardianship hearing, allowing the superintendent full access to all criminal records of the minor in those jurisdictions outside the state where the minor has resided during the previous two years, which release remains part of the minor's school records together with verification of residence for the previous two years, except that information disclosed in the criminal records may not be made a part of the minor's school record; (b) the school district has proven by a preponderance of the evidence that the primary purpose for the guardianship is to avoid the payment of tuition, which a school district may assess against a nonresident for attendance at a Utah public school; or (c) after consideration of relevant evidence, including any presented by the school district in which the petitioner resides, the minor's behavior indicates an ongoing unwillingness to abide by applicable law or school rules. (4) If a school district files an objection for reasons described in Subsection (3)(b), and the court does not find in favor of the school district, the court may award the petitioner attorney fees and costs if the court finds that the school district's arguments lack a reasonable basis in law or fact.
Utah Code § 75-1-304 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-304
§ 75-1-304. Practice in court.
Status: in_force

Unless specifically provided to the contrary in this title or unless inconsistent with this title's provisions, the Utah Rules of Civil Procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under this title.
Utah Code § 75-3-302 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-302
§ 75-3-302. Informal probate -- Duty of registrar -- Effect of informal probate.
Status: in_force

After receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by Section 75-3-303 shall issue a written statement of informal probate if at least 10 days have elapsed since the date of the notice required by Section 75-3-306, or if at least 120 hours have elapsed since the decedent's death and all persons entitled to notice under Section 75-3-306 have waived such notice in writing. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.
Utah Code § 75-2-705 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-705
§ 75-2-705. Class gifts construed to accord with intestate succession.
Status: in_force

(1) (a) Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the rules for intestate succession. (b) Terms of relationship that do not differentiate relationships by blood from those by affinity, such as "uncles," "aunts," "nieces," or "nephews," are construed to exclude relatives by affinity. (c) Terms of relationship that do not differentiate relationships by the half blood from those by the whole blood, such as "brothers," "sisters," "nieces," or "nephews," are construed to include both types of relationships. (2) In addition to the requirements of Subsection (1), in construing a dispositive provision of a transferor who is not the parent, an individual born to the parent is not considered the child of that parent unless the individual lived while a minor as a regular member of the household of that parent or of that parent's parent, brother, sister, spouse, or surviving spouse. (3) In addition to the requirements of Subsection (1), in construing a dispositive provision of a transferor who is not the adopting parent, an adopted individual is not considered the child of the adopting parent unless the adopted individual lived while a minor, either before or after the adoption, as a regular member of the household of the adopting parent.
Utah Code § 75-3-913 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-913
§ 75-3-913. Distributions to trustee.
Status: in_force

(1) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which the trust is to be administered provides for registration and that the trustee inform the qualified beneficiaries as described in Section 75B-2-811. (2) If the trust instrument does not excuse the trustee from giving bond, the personal representative may: (a) petition the appropriate court to require that the trustee post bond if the trustee apprehends that distribution might jeopardize the interests of persons who are not able to protect themselves; and (b) withhold distribution until the court has acted. (3) No inference of negligence on the part of the personal representative shall be drawn from the personal representative's failure to exercise the authority conferred by Subsections (1) and (2).
Utah Code § 75-4-207 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-207
§ 75-4-207. Ancillary and other local administrations -- Provisions governing.
Status: in_force

In respect to a nonresident decedent, the provisions of Chapter 3, Probate of Wills and Administration, govern proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration.
Utah Code § 75-2-603 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-603
§ 75-2-603. Definitions -- Antilapse -- Deceased devisee -- Class gifts -- Substitute gifts.
Status: in_force

(1) As used in this section: (a) "Alternative devise" means a devise that is expressly created by the will and, under the terms of the will, can take effect instead of another devise on the happening of one or more events, including survival of the testator or failure to survive the testator, whether an event is expressed in condition-precedent, condition-subsequent, or any other form. A residuary clause constitutes an alternative devise with respect to a nonresiduary devise only if the will specifically provides that, upon lapse or failure, the nonresiduary devise, or nonresiduary devises in general, pass under the residuary clause. (b) "Class member" includes an individual who fails to survive the testator but who would have taken under a devise in the form of a class gift had he survived the testator. (c) "Devise" includes an alternative devise, a devise in the form of a class gift, and an exercise of a power of appointment. (d) "Devisee" includes: (i) a class member if the devise is in the form of a class gift; (ii) an individual or class member who was deceased at the time the testator executed his will as well as an individual or class member who was then living but who failed to survive the testator; and (iii) an appointee under a power of appointment exercised by the testator's will. (e) "Stepchild" means a child of the surviving, deceased, or former spouse of the testator or of the donor of a power of appointment, and not of the testator or donor. (f) "Surviving devisee" or "surviving descendant" means a devisee or a descendant who neither predeceased the testator nor is considered to have predeceased the testator under Section 75-2-702. (g) "Testator" includes the donee of a power of appointment if the power is exercised in the testator's will. (2) If a devisee fails to survive the testator and is a grandparent, a descendant of a grandparent, or a stepchild of either the testator or the donor of a power of appointment exercised by the testator's will, the following apply: (a) Except as provided in Subsection (2)(d), if the devise is not in the form of a class gift and the deceased devisee leaves surviving descendants, a substitute gift is created in the devisee's surviving descendants. They take per capita at each generation the property to which the devisee would have been entitled had the devisee survived the testator. (b) Except as provided in Subsection (2)(d), if the devise is in the form of a class gift, other than a devise to "issue," "descendants," "heirs of the body," "heirs," "next-of-kin," "relatives," or "family," or a class described by language of similar import, a substitute gift is created in the surviving descendant's of any deceased devisee. The property to which the devisees would have been entitled had all of them survived the testator passes to the surviving devisees and the surviving descendants of the deceased devisees. Each surviving devisee takes the share to which he would have been entitled had the deceased devisees survived the testator. Each deceased devisee's surviving descendants who are substituted for the deceased devisee take per capita at each generation the share to which the deceased devisee would have been entitled had the deceased devisee survived the testator. For the purposes of this Subsection (2)(b), "deceased devisee" means a class member who failed to survive the testator and left one or more surviving descendants. (c) For the purposes of Section 75-2-601, words of survivorship, such as in a devise to an individual "if he survives me," or in a devise to "my surviving children," are, in the absence of clear and convincing evidence, a sufficient indication of an intent contrary to the application of this section. (d) If the will creates an alternative devise with respect to a devise for which a substitute gift is created by Subsection (2)(a) or (b), the substitute gift is superseded by the alternative devise only if an expressly designated devisee of the alternative devise is entitled to take under the will. (e) Unless the language creating a power of appointment expressly excludes the substitution of the descendants of an appointee for the appointee, a surviving descendant of a deceased appointee of a power of appointment can be substituted for the appointee under this section, whether or not the descendant is an object of the power.
Utah Code § 75-5-604 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-604
§ 75-5-604. Petition for guardianship of an individual with a severe intellectual disability -- Venue -- Proceedings.
Status: in_force

(1) A person interested in an adult's welfare may petition a court for a finding that: (a) the adult is an individual with a severe intellectual disability; and (b) the appointment of a guardian is necessary or desirable as a means of providing continuing care to the adult. (2) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a petitioner shall bring a petition described in Subsection (1) in the county where: (a) the respondent resides or is present; or (b) if the respondent is admitted to an institution by an order of a court, the court is located. (3) (a) Upon the filing of a petition under Subsection (1), the court shall set a date for a hearing on the issue of whether the respondent is an individual with a severe intellectual disability. (b) The court shall, while preserving the due process rights of the respondent, conduct the hearing remotely in accordance with Utah Rules of Civil Procedure, Rule 87, unless the court finds good cause under Utah Rules of Civil Procedure, Rule 87, to not conduct the hearing remotely. (4) Except as provided in Section 75-5-606, the respondent is entitled to be represented by counsel, present evidence, and cross-examine witnesses, including a physician, psychologist, physician assistant, or court visitor appointed under Section 75-5-607. (5) The court shall determine the issue of whether the respondent is an individual with a severe intellectual disability at a closed hearing, without a jury, if the respondent or the respondent's counsel requests so. (6) The respondent shall: (a) be present at any hearing on the petition; or (b) hear all evidence bearing upon the respondent's condition. (7) If the petitioner requests a waiver of the presence of the respondent, the court shall order an investigation by a court visitor in accordance with Section 75-5-607.
Utah Code § 75-5-203 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-203
§ 75-5-203. Objection to appointment.
Status: in_force

Any person interested in the welfare of a minor, or a minor of 14 years or older, may file with the court in which the will is probated or the written instrument is filed a written objection to the appointment before it is accepted or within 30 days after notice of its acceptance. An objection may be withdrawn. An objection does not preclude, after a hearing on the objection, appointment by the court in a proper proceeding of the testamentary or instrumental nominee, or any other suitable person.
Utah Code § 75-4-303 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-303
§ 75-4-303. Service on foreign personal representative.
Status: in_force

(1) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, and requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or his decedent immediately prior to death. (2) If service is made upon a foreign personal representative as provided in Subsection (1) above he shall be allowed at least 30 days within which to appear or respond.
Utah Code § 75-1-109 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-109
§ 75-1-109. Duty to comply with environmental laws -- Definitions.
Status: in_force

(1) From the inception of the trust or estate, a fiduciary shall have the following powers, without court authorization, which it may use in its sole discretion to comply with environmental law: (a) to inspect and monitor property held by the fiduciary, including interests in sole proprietorships, partnerships, or corporations and any assets owned by any such business enterprise, for the purpose of determining compliance with environmental law affecting the property and to respond to any actual or threatened violation of any environmental law affecting the property held by the fiduciary; (b) to take, on behalf of the estate or trust, any action necessary to prevent, abate, or otherwise remedy any actual or threatened violation of any environmental law affecting property held by the fiduciary, either before or after the initiation of an enforcement action by any governmental body; (c) to refuse to accept property if the fiduciary determines that any property to be donated to the trust or estate either is contaminated by any hazardous substance or is being used or has been used for any activity directly or indirectly involving hazardous substance which could result in liability to the trust or estate or otherwise impair the value of the assets held in the trust or estate; (d) to settle or compromise at any time any and all claims against the trust or estate which may be asserted by any governmental body or private party involving the alleged violation of any environmental law affecting property held in trust or in an estate; (e) to disclaim any power granted by any document, statute, or rule of law which, in the sole discretion of the fiduciary, may cause the fiduciary to incur personal liability under any environmental law; or (f) to decline to serve as a fiduciary if the fiduciary reasonably believes that there is or may be a conflict of interest between it in its fiduciary capacity and in its individual capacity because of potential claims or liabilities which may be asserted against it on behalf of the trust or estate because of the type or condition of assets held in the trust or estate. (2) For purposes of this section "environmental law" means any federal, state, or local law, rule, regulation or ordinance relating to protection of the environment or human health. For purposes of this section, "hazardous substances" means any substance defined as hazardous or toxic or which is otherwise regulated by any environmental law. (3) The fiduciary is entitled to charge the cost of any inspection, review, abatement, response, cleanup, or remedial action authorized in this section against the income or principal of the trust or estate. A fiduciary shall not be personally liable to any beneficiary or other party for any decrease in value of assets in trust or in an estate by reason of the fiduciary's compliance with any environmental law, specifically including any reporting requirement under the law. Neither the acceptance by the fiduciary of property or a failure by the fiduciary to inspect property shall be considered to create any inference as to whether or not there is or may be any liability under any environmental law with respect to the property. (4) This section applies to all estates and trusts in existence upon and created after July 1, 1991. (5) No exercise by a fiduciary of any of the powers granted in this section shall constitute a transaction which is affected by a substantial conflict of interest on the part of the fiduciary.
Utah Code § 75-4-302 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-302
§ 75-4-302. Jurisdiction by act of decedent.
Status: in_force

In addition to jurisdiction conferred by Section 75-4-301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.
Utah Code § 75-2-201 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-201
§ 75-2-201. Definitions.
Status: in_force

As used in this part: (1) "Decedent's nonprobate transfers to others," as used in sections other than Section 75-2-205, means the amounts that are included in the augmented estate under Section 75-2-205. (2) "Fractional interest in property held in joint tenancy with the right of survivorship," whether the fractional interest is unilaterally severable or not, means the fraction, the numerator of which is one and the denominator of which, if the decedent was a joint tenant, is one plus the number of joint tenants who survive the decedent and which, if the decedent was not a joint tenant, is the number of joint tenants. (3) "Marriage," as it relates to a transfer by the decedent during marriage, means any marriage of the decedent to the decedent's surviving spouse. (4) "Nonadverse party" means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. A person having a general power of appointment over property is considered to have a beneficial interest in the property. (5) "Power" or "power of appointment" includes a power to designate the beneficiary of a beneficiary designation. (6) "Presently exercisable general power of appointment" means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in himself, his creditors, his estate, or creditors of his estate, and includes a power to revoke or invade the principal of a trust or other property arrangement. (7) "Probate estate" means property that would pass by intestate succession if the decedent died without a valid will. (8) "Property" includes values subject to a beneficiary designation. (9) "Right to income" includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement. (10) "Transfer," as it relates to a transfer by or of the decedent, includes: (a) an exercise or release of a presently exercisable general power of appointment held by the decedent; (b) a lapse at death of a presently exercisable general power of appointment held by the decedent; and (c) an exercise, release, or lapse of a general power of appointment that the decedent created in himself and of a power described in Subsection 75-2-205(2)(b) that the decedent conferred on a nonadverse party.
Utah Code § 75-3-103 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-103
§ 75-3-103. Necessity of appointment for administration.
Status: in_force

Except as otherwise provided in Title 75, Chapter 4, Foreign Personal Representatives - Ancillary Administration, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.
Utah Code § 75-1-307 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-307
§ 75-1-307. Registrar.
Status: in_force

The registrar shall be a judge of the court.
Utah Code § 75-13-203 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-203
§ 75-13-203. Use of electronic record or signature not required.
Status: in_force

(1) This part does not require a non-testamentary estate planning document or signature on a non-testamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) A person is not required to have a non-testamentary estate planning document in electronic form or signed electronically even if the person previously created or signed a non-testamentary estate planning document by electronic means. (3) A person may not waive the provisions of this section.
Utah Code § 75-5b-101 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-101
§ 75-5b-101. Title.
Status: in_force

This chapter is known as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act."
Utah Code § 75-5-609 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-609
§ 75-5-609. Findings by court -- Appointment of guardian -- Acceptance of appointment.
Status: in_force

(1) The court may appoint a guardian for a respondent if the court finds: (a) the respondent is an individual with a severe intellectual disability; and (b) the appointment of a guardian is necessary or desirable as a means of providing continuing care to the respondent. (2) If the court appoints a guardian as described in Subsection (1), the court shall: (a) appoint a guardian for the respondent in accordance with Section 75-5-610; (b) prefer a full guardianship for the respondent; and (c) specify in the order of appointment that: (i) the respondent is an individual with a severe intellectual disability; and (ii) the respondent does not have capacity to execute or consent to any contract or written agreement. (3) (a) If the court orders a limited guardianship for a respondent: (i) the respondent is entitled to the rights described in Section 75-5-301.5 for an incapacitated person; and (ii) the court shall state the limitations of the guardianship and the rights to which the respondent is entitled in the order of appointment. (4) If the court grants a guardian with the power to make or assist with health care decisions for a respondent, the court shall include in the order of appointment the name of any interested person whom the guardian must notify of any significant health care or treatment received by the individual. (5) (a) By accepting an appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person or any person interested in the welfare of the respondent. (b) Notice of any proceeding shall be delivered to the guardian or mailed to the guardian by ordinary mail at the guardian's address as listed in the court records and to the guardian's address as known to the petitioner at the time of the appointment. (6) If the court orders a limited guardianship for an individual with a severe intellectual disability, the guardian has the same duties, powers, and rights described in Section 75-5-312 for a guardian of an incapacitated person. (7) If the court orders a full guardianship for an individual with a severe intellectual disability, the guardian has the duties, powers, and rights described in Section 75-5-611.
Utah Code § 75-2-403 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-403
§ 75-2-403. Exempt property.
Status: in_force

In addition to the homestead allowance, the decedent's surviving spouse is entitled from the estate to a value, not exceeding $15,000 in excess of any security interests therein, in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the decedent's children are entitled jointly to the same value. If encumbered chattels are selected and the value in excess of security interests, plus that of other exempt property, is less than $15,000, or if there is not $15,000 worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the $15,000 value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, but the right to any assets to make up a deficiency of exempt property abates as necessary to permit earlier payment of homestead allowance and family allowance. Unless otherwise provided by the will or governing instrument, the exempt property allowance is chargeable against any benefit or share passing to the surviving spouse, if any, or if there is no surviving spouse, to the decedent's children, by the will of the decedent, by intestate succession, by way of elective share, and by way of nonprobate transfers as defined in Sections 75-2-205 and 75-2-206.
Utah Code § 75-3-407 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-407
§ 75-3-407. Formal testacy proceedings -- Burdens in contested cases.
Status: in_force

(1) In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Except in cases where a presumption is operable, parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. Where one or more presumptions are operable, the ultimate burden of persuasion shall be determined in accordance with the Utah Rules of Evidence. (2) If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
Utah Code § 75-6-115 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-115
§ 75-6-115. Agency accounts.
Status: in_force

Nothing in this chapter shall preclude a party to an account from adding the name of another person to such an account with the designation "agent." This agent shall have no present or future interest in the sums on deposit in such account, but the financial institution may honor requests for payment from such account by such agent, whether the principal be incapacitated or deceased at the time the payment is demanded, unless the financial institution has actual knowledge of such death or incapacity. Payments from such account by such financial institution at the request of such agent shall discharge such financial institution from all claims for amounts so paid.
Utah Code § 75-6-112 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-112
§ 75-6-112. Financial institution protection -- Discharge.
Status: in_force

Payment made pursuant to Section 75-6-108, 75-6-109, 75-6-110 or 75-6-111 discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any party able to request present payment to the effect that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in any demand for withdrawal if the financial institution is to be protected under this section. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided here. The protection here provided shall have no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts.
Utah Code § 75-5-706 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-706
§ 75-5-706. Revocation -- Withdrawal.
Status: in_force

(1) A principal may revoke a supported decision-making agreement at any time by providing written notice to all other parties to the agreement. (2) A supporter may withdraw from a supported decision-making agreement at any time by providing written notice to all other parties to the agreement. (3) A written notice of revocation or withdrawal under this section may be provided by electronic means.
Utah Code § 75-2-110 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-110
§ 75-2-110. Debts to decedent.
Status: in_force

A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.
Utah Code § 75-2-109 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-109
§ 75-2-109. Advancements.
Status: in_force

(1) If an individual dies intestate as to all or a portion of his estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if: (a) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or (b) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate. (2) For purposes of Subsection (1), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs. (3) (a) If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise. (b) If the amount of the advancement exceeds the share of the heir receiving the same, the heir is not required to refund any part of the advancement.
Utah Code § 75-1-310 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-310
§ 75-1-310. Costs -- In discretion of court.
Status: in_force

When not otherwise prescribed in this title, the court, or an appellate court on appeal from the court, may in the court's discretion, order costs to be paid by any party to the proceedings or out of the assets of the estate as justice may require.
Utah Code § 75-3-104 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-104
§ 75-3-104. Claims against decedent -- Necessity of administration -- Exclusions.
Status: in_force

(1) (a) No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. (b) After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this Chapter 3, Probate of Wills and Administration. (2) After distribution a creditor whose claim has not been barred may recover from the distributees as provided in Section 75-3-1004 or from a former personal representative individually liable as provided in Section 75-3-1005. (3) This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein. (4) (a) For purposes of this chapter, a lien or right to recover described in Section 26B-3-1013 is not a claim. (b) Nothing in this chapter limits the Department of Health and Human Services' right to recovery under Section 26B-3-1013.
Utah Code § 75-6-305 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-305
§ 75-6-305. Orientation of registration in beneficiary form.
Status: in_force

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
Utah Code § 75-3-105 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-105
§ 75-3-105. Proceedings affecting devolution and administration -- Jurisdiction of subject matter.
Status: in_force

(1) (a) Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in formal proceedings within the court's jurisdiction, including, but not limited to those described in this chapter. (b) The court may hear and determine formal proceedings involving administration and distribution of decedents' estates after notice to interested persons in conformity with Section 75-1-401. (c) Persons notified are bound though less than all interested persons may have been given notice. (2) For purposes of this title, formal proceedings involving administration and distribution of decedent's estates shall include proceedings to determine the heirs of a decedent and proceedings to construe a duly probated will of a decedent, whether or not the estate of the decedent is being, or previously has been, administered or distributed.
Utah Code § 75-3-615 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-615
§ 75-3-615. Appointment of special administrators.
Status: in_force

(1) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the court shall prefer the appointment of the person named personal representative in the decedent's last will if available and qualified. In appropriate cases, the court may limit the powers given to the special administrator, it may appoint someone else to be special administrator, or it may otherwise act to protect the estate and interested persons. (2) In other cases, any proper person may be appointed special administrator.
Utah Code § 75-6-416 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-416
§ 75-6-416. Optional form of transfer on death deed.
Status: in_force

(1) An individual may use the following form to create a transfer on death deed under this part:REVOCABLE TRANSFER ON DEATH DEEDNOTICE TO OWNERYou should carefully read all information on the other side of this form. You may want to consult a lawyer before using this form.This form must be recorded before your death or it will not be effective. The beneficiary must be a named person.IDENTIFYING INFORMATIONOwner or Owners Making This Deed:_____________________________________________________________Printed NameMailing Address_____________________________________________________________Printed NameMailing AddressLegal Description of Property (Pursuant to Utah Code Section 57-3-105):_________________________________________________________Tax Identification Number for Property:_________________________________________________________PRIMARY BENEFICIARYI designate the following beneficiary if the beneficiary survives me:_____________________________________________________________Printed NameMailing AddressALTERNATE BENEFICIARY (Optional)If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me:_____________________________________________________________Printed NameMailing AddressTRANSFER ON DEATHAt my death, I transfer my interest in the described property to the beneficiaries as designated above.Before my death, I have the right to revoke this deed.SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED_____________________________________________________________SignatureDate_______________________________Printed Name_____________________________________________________________SignatureDate_______________________________Printed NameACKNOWLEDGMENT(Attach an affidavit of acknowledgment pursuant to Utah Code Section 46-1-6.5 to the form.) (2) The other sections of this part govern the effect of the form described in Subsection (1) or any other instrument used to create a transfer on death deed.
Utah Code § 75-6-313 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-313
§ 75-6-313. Application of part.
Status: in_force

This part applies to registrations of securities in beneficiary form made before or after January 1, 1995, by decedents dying on or after June 30, 1995.
Utah Code § 75-2-609 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-609
§ 75-2-609. Ademption by satisfaction.
Status: in_force

(1) Property a testator gave in his lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if: (a) the will provides for deduction of the gift; (b) the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise; or (c) the devisee acknowledged in writing that the gift is in satisfaction of the devise or that its value is to be deducted from the value of the devise. (2) For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or at the testator's death, whichever occurs first. (3) If the devisee fails to survive the testator, the gift is treated as a full or partial satisfaction of the devise, as appropriate, in applying Sections 75-2-603 and 75-2-604, unless the testator's contemporaneous writing provides otherwise.
Utah Code § 75-3-902 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-902
§ 75-3-902. Distribution -- Order in which assets appropriated -- Abatement.
Status: in_force

(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: (a) property not disposed of by the will; (b) residuary devises; (c) general devises; (d) specific devises. (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.
Utah Code § 75-1-108 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-108
§ 75-1-108. Acts by holder of general power.
Status: in_force

For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
Utah Code § 75-3-715 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-715
§ 75-3-715. Powers and duties of successor personal representative.
Status: in_force

A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will.
Utah Code § 75-5-421 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-421
§ 75-5-421. Recording of conservator's letters.
Status: in_force

(1) (a) Letters of conservatorship are evidence of transfer of the assets of a protected person to the conservator. (b) An order terminating a conservatorship is evidence of transfer of the assets of the estate from the conservator to the protected person or the protected person's successors. (c) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give record notice of title as between the conservator and the protected person. (2) A person who refuses to accept the authority of a conservator to transact business with the assets of the protected person after receiving a certified copy of letters of conservatorship is liable for costs, expenses, attorney fees, and damages if the court determines that the person did not act in good faith in refusing to accept the authority of the conservator.
Utah Code § 75-6-312 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-312
§ 75-6-312. Rules of construction.
Status: in_force

(1) This part shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this part among states enacting it. (2) Unless displaced by the particular provisions of this part, the principles of law and equity supplement its provisions.
Utah Code § 75-6-311 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-311
§ 75-6-311. Terms, conditions, and forms for registration.
Status: in_force

(1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for: (a) registrations in beneficiary form; and (b) implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions. (2) The following are illustrations of registrations in beneficiary form which a registering entity may authorize: (a) Sole owner-sole beneficiary: John S Brown TOD (or POD) John S Brown Jr. (b) Multiple owners-sole beneficiary: John S Brown Mary B Brown JT TEN TOD John S Brown Jr. (c) Multiple owners-primary and secondary (substituted) beneficiaries: John S Brown Mary B Brown JT TEN TOD John S Brown Jr SUB BENE Peter Q Brown or John S Brown Mary B Brown JT TEN TOD John S Brown Jr LDPS.
Utah Code § 75-5-423 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-423
§ 75-5-423. Persons dealing with conservators -- Protection.
Status: in_force

A person who in good faith either assists a conservator or deals with him for value in any transaction, other than those requiring a court order as provided in Section 75-5-408, is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators which are endorsed on letters as provided in Section 75-5-426 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
Utah Code § 75-3-618 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-618
§ 75-3-618. Termination of appointment -- Special administrator.
Status: in_force

The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in Sections 75-3-608 through 75-3-611.
Utah Code § 75-2b-106 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-106
§ 75-2b-106. Perfection of title of personal representative, heir or devisee.
Status: in_force

If the title to any property to which this chapter applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this chapter applies, unless a written demand is made by an heir, devisee, or creditor of the decedent.
Utah Code § 75-5-708 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-708
§ 75-5-708. Impact of supported decision-making agreement.
Status: in_force

(1) A decision or request made or communicated by a principal with the assistance of a supporter in accordance with the terms of a supported decision-making agreement and this part shall, for the purposes of any provision of law, be recognized as the decision or request of the principal and may be enforced on the same basis as a decision or request of the principal without support. (2) The availability of a supported decision-making agreement does not limit the informal use of supported decision making, or preclude judicial consideration of informal supported decision-making arrangements as a less restrictive alternative to a guardianship or conservatorship. (3) Execution of a supported decision-making agreement may not be a condition of participating in any activity, service, or program. (4) A court may not consider an individual's execution of a supported decision-making agreement as evidence of the individual's incapacity. (5) The existence of a supported decision-making agreement does not preclude the principal from acting independently of the supported decision-making agreement.
Utah Code § 75-2b-103 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-103
§ 75-2b-103. Rebuttable presumptions.
Status: in_force

In determining whether this chapter applies to specific property, the following rebuttable presumptions apply: (1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property, is presumed to have been acquired as or to have become, and remained, property to which this chapter applies; and (2) real property situated in this state and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this chapter applies.
Utah Code § 75-3-901 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-901
§ 75-3-901. Successors' rights if no administration.
Status: in_force

In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption, or intestacy may establish title thereto by proof of the decedent's ownership, his death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.
Utah Code § 75-3-1002 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1002
§ 75-3-1002. Formal proceedings terminating testate administration -- Order construing will without adjudicating testacy.
Status: in_force

A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate which will not adjudicate the testacy status of the decedent. The personal representative may petition at any time, and a devisee may petition after one year from the appointment of the original personal representative, except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to consider the final account or compel or approve an accounting and distribution, to construe the will, and to adjudicate final settlement and distribution of the estate. After notice to all devisees and the personal representative and hearing, the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate under the will, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any devisee who is a party to the proceeding and those he represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed or amendments made to meet the provisions of Section 75-3-1001.
Utah Code § 75-3-813 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-813
§ 75-3-813. Compromise of claims.
Status: in_force

When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
Utah Code § 75-5-105 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-105
§ 75-5-105. Bond of guardian.
Status: in_force

A guardian coming into the possession or control of funds or other property of a minor or incapacitated person may be required by the court to furnish a bond in an amount and under the conditions as set forth for conservators in Sections 75-5-411 and 75-5-412.
Utah Code § 75-3-603 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-603
§ 75-3-603. Bond not required -- Exceptions.
Status: in_force

(1) No bond is required of a personal representative appointed in formal or informal proceedings, except: (a) upon the appointment of a special administrator without notice having been given; (b) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; (c) when bond is requested prior to appointment, by an interested party; or (d) when bond is required under Section 75-3-605. No bond is required of any personal representative who is exempted from bond under Title 7, Financial Institutions Act. (2) A bond required pursuant to this section may be dispensed with upon a determination by the court that it is not necessary.
Utah Code § 75-2-1403 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1403
§ 75-2-1403. Law applicable to electronic will -- Principles of equity.
Status: in_force

(1) An electronic will is a will for all purposes of the law of this state. (2) The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this part.
Utah Code § 75-2-107 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-107
§ 75-2-107. Kindred of half blood.
Status: in_force

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Utah Code § 75-13-209 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-209
§ 75-13-209. Certification of paper copy.
Status: in_force

An individual may create a certified paper copy of an electronic non-testamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document.
Utah Code § 75-3-904 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-904
§ 75-3-904. Interest on general pecuniary devise.
Status: in_force

General pecuniary devises bear interest at the legal rate beginning one year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.
Utah Code § 75-3-301 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-301
§ 75-3-301. Informal probate or appointment proceedings -- Application -- Contents.
Status: in_force

(1) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the appropriate information required under this section. (2) Every application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, shall contain the following: (a) a statement of the interest of the applicant; (b) the name and date of death of the decedent, the decedent's age, the county and state of the decedent's domicile at the time of death, and the names and addresses of the spouse, children, heirs, and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant; (c) if the decedent was not domiciled in the state at the time of the decedent's death, a statement showing venue; (d) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated; and (e) a statement indicating whether the applicant has received a demand for notice or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere. (3) An application for informal probate of a will shall state the following in addition to the statements required by Subsection (2): (a) that the original of the decedent's last will: (i) is in the possession of the court; (ii) was filed with the court's electronic filing system and is now in the possession of the applicant or the applicant's attorney; or (iii) is an authenticated copy of a will probated in another jurisdiction accompanies the application or was filed with the court's electronic filing system and the authenticated copy is now in the possession of the applicant or the applicant's attorney; (b) that the applicant, to the best of the applicant's knowledge, believes the will to have been validly executed; (c) that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument which is the subject of the application is the decedent's last will; and (d) that the time limit for informal probate as provided in this chapter has not expired either because three years or less have passed since the decedent's death, or if more than three years have passed since the decedent's death, circumstances as described by Section 75-3-107 authorizing tardy probate have occurred. (4) An application for informal appointment of a personal representative to administer an estate under a will shall describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment shall adopt the statements in the application or petition for probate, state the name, address and priority for appointment of the person whose appointment is sought, state whether or not bond is required, and, if required, unless specified by the will, state the estimated value of the personal and real estate of the decedent and of the income expected from the personal and real estate during the next year. (5) An application for informal appointment of an administrator in intestacy shall state in addition to the statements required by Subsection (2): (a) That after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under Section 75-1-301, or, a statement why any such instrument of which he may be aware is not being probated; (b) The priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under Section 75-3-203; (c) If bond is required, the estimated value of the personal and real estate of the decedent and of the income expected from the personal and real estate during the next year. (6) An application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status shall refer to the order in the most recent testacy proceeding, state the name and address of the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted, and describe the priority of the applicant. (7) An application for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in Subsection 75-3-610(3), or whose appointment has been terminated by death or removal, shall adopt the statements in the application or petition which led to the appointment of the person being succeeded, except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor, and describe the priority of the applicant.
Utah Code § 75-5-424 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-424
§ 75-5-424. Powers of conservator in administration.
Status: in_force

(1) A conservator has all of the powers conferred in this chapter and any additional powers conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor as to whom no one has parental rights, has the duties and powers of a guardian of a minor described in Section 75-5-209 until the minor attains majority or marries, but the parental rights so conferred on a conservator do not preclude appointment of a guardian as provided by Part 2, Guardians of Minors. (2) (a) A conservator has the power to compel the production of the protected person's estate documents, including the protected person's will, trust, power of attorney, and any advance health care directives. (b) If a guardian is also appointed for the ward, the conservator shall share with the guardian the estate documents the conservator receives. (3) A conservator has power without court authorization or confirmation to invest and reinvest funds of the estate as would a trustee. (4) A conservator, acting reasonably in efforts to accomplish the purpose for which the conservator was appointed, may use the funds of the estate and act without court authorization or confirmation, to: (a) collect, hold, and retain assets of the estate, including land in another state, until, in the conservator's judgment, disposition of the assets should be made, and the assets may be retained even though they include an asset in which the conservator is personally interested; (b) receive additions to the estate; (c) continue or participate in the operation of any business or other enterprise; (d) acquire an undivided interest in an estate asset in which the conservator, in any fiduciary capacity, holds an undivided interest; (e) invest and reinvest estate assets in accordance with Subsection (3); (f) deposit estate funds in a bank including a bank operated by the conservator; (g) acquire or dispose of an estate asset, including land in another state, for cash or on credit, at public or private sale; and to manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset; (h) make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, and raze existing or erect new party walls or buildings; (i) (i) subdivide, develop, or dedicate land to public use; (ii) make or obtain the vacation of plats and adjust boundaries; (iii) adjust differences in valuation on exchange or partition by giving or receiving considerations; and (iv) dedicate easements to public use without consideration; (j) enter for any purpose into a lease as lessor or lessee with or without option to purchase or renew for a term within or extending beyond the term of the conservatorship; (k) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement; (l) grant an option involving disposition of an estate asset or take an option for the acquisition of any asset; (m) vote a security, in person or by general or limited proxy; (n) pay calls, assessments, and any other sums chargeable or accruing against or on account of securities; (o) (i) sell or exercise stock subscription or conversion rights; and (ii) consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise; (p) hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery, but the conservator is liable for any act of the nominee in connection with the stock so held; (q) insure the assets of the estate against damage or loss and the conservator against liability with respect to third persons; (r) (i) borrow money to be repaid from estate assets or otherwise; and (ii) advance money for the protection of the estate or the protected person, and for all expenses, losses, and liabilities sustained in the administration of the estate or because of the holding or ownership of any estate assets, and the conservator has a lien on the estate as against the protected person for advances so made; (s) (i) pay or contest any claim; (ii) settle a claim by or against the estate or the protected person by compromise, arbitration, or otherwise; and (iii) release, in whole or in part, any claim belonging to the estate to the extent that the claim is uncollectible; (t) pay taxes, assessments, compensation of the conservator, and other expenses incurred in the collection, care, administration, and protection of the estate; (u) allocate items of income or expense to either estate income or principal, as provided by law, including creation of reserves out of income for depreciation, obsolescence, or amortization, or for depletion in mineral or timber properties; (v) pay any sum distributable to a protected person or dependent without liability to the conservator, by paying the sum to the distributee or by paying the sum for the use of the distributee either to the distributee's guardian, or if none, to a relative or other person with custody of the person; (w) (i) employ persons, including attorneys, auditors, investment advisors, or agents, even though they are associated with the conservator, to advise or assist in the performance of administrative duties; (ii) act upon a recommendation made by a person listed in Subsection (4)(w)(i) without independent investigation; and (iii) instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary; (x) prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of the conservator's duties; (y) act as a qualified beneficiary of any trust in which the protected person is a qualified beneficiary; and (z) execute and deliver the instruments that will accomplish or facilitate the exercise of the powers vested in the conservator.
Utah Code § 75-6-103 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-103
§ 75-6-103. Ownership during lifetime.
Status: in_force

(1) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. (2) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O.D. payee or payees; if two or more parties are named as original payees, during their lifetimes rights as between them are governed by Subsection (1) of this section. (3) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime, and if two or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by Subsection (1) of this section. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.
Utah Code § 75-2-514 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-514
§ 75-2-514. Contracts concerning succession.
Status: in_force

(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after July 1, 1998, may be established only by: (a) provisions of a will stating material provisions of the contract; (b) an express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or (c) a writing signed by the decedent evidencing the contract. (2) The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
Utah Code § 75-3-908 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-908
§ 75-3-908. Distribution -- Right or title of distributee.
Status: in_force

Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the interest of the estate in the distributed assets, as against all persons interested in the estate, except that the personal representative may recover the assets or their value if the distribution was improper.
Utah Code § 75-6-304 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-304
§ 75-6-304. Registration in beneficiary form -- Applicable law.
Status: in_force

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
Utah Code § 75-5-102 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-102
§ 75-5-102. Facility of payment or delivery.
Status: in_force

(1) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty to pay or deliver money or personal property, in amounts not exceeding $15,000 per annum, by paying or delivering the money or personal property to: (a) the minor if: (i) the minor is married; or (ii) payment to the minor is expressly authorized by statute; (b) any person having the care and custody of the minor with whom the minor resides; or (c) a guardian of the minor. (2) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending. (3) (a) Any person, other than the minor, receiving money or property for a minor: (i) is obligated to apply the money to the support and education of the minor; and (ii) may not pay oneself except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. (b) Any excess sums of money under Subsection (3)(a) shall be preserved for future support of the minor. (c) Any balance of money that is not used and any property received for the minor must be turned over to the minor when the minor attains the age of 18. (4) (a) If any money under Subsection (1) is the result of a personal injury claim or wrongful death claim, the threshold amount of $15,000 per annum described in Subsection (1) shall be the amount payable to the minor after the payment of medical bills, attorney fees, and costs of litigation that were incurred by the claim. (b) Any person, other than the minor, receiving money under Subsection (4)(a) for a minor shall hold the money in a trust for the sole benefit of the minor. (c) Any money that is held in a trust for a minor under Subsection (4)(b) shall be turned over to the minor when the minor attains the age of 18. (d) Notwithstanding Subsection (4)(c), a parent or guardian of the minor may petition the court to request the disbursement of the money held in the trust for the minor under Subsection (4)(b) at any time before the minor is 18 years old. (5) Any person receiving money under this section on behalf of a minor shall have the power to settle and release in whole or in part the claims belonging to the minor giving rise to the duty to pay money to the minor. (6) Any person who pays or delivers in accordance with provisions of this section is not responsible for the proper application thereof.
Utah Code § 75-3-307 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-307
§ 75-3-307. Informal appointment proceedings -- Delay in order -- Duty of registrar -- Effect of appointment.
Status: in_force

(1) After receipt of an application for informal appointment of a personal representative other than a special administrator as provided in Section 75-3-614, the registrar, after making the findings required by Section 75-3-308, shall appoint the applicant subject to qualification and acceptance, if at least 10 days have elapsed since the date of the notice required by Section 75-3-310, or if at least 120 hours have elapsed since the decedent's death and all persons entitled to notice under Section 75-3-310 have waived this notice in writing; but if the decedent was a nonresident, the registrar shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of this state. (2) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created by it, is subject to termination as provided in Sections 75-3-608 through 75-3-612, but is not subject to retroactive vacation.
Utah Code § 75-3-911 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-911
§ 75-3-911. Partition for purpose of distribution.
Status: in_force

When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court, prior to the formal or informal closing of the estate, to make partition. After notice to the interested heirs or devisees, the court shall partition the property in the same manner as provided by the law for civil actions of partition. The court may direct the personal representative to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party.
Utah Code § 75-3-605 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-605
§ 75-3-605. Demand for bond by interested person.
Status: in_force

If bond is excused as provided in Section 75-3-603, any person apparently having an interest in the estate worth in excess of $5,000, or any unsecured creditors having a claim in excess of $5,000, may make a written demand that a personal representative give bond. The demand shall be filed with the registrar and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereupon, bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate, or withdraws the demand. After he has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of his office except as necessary to preserve the estate. Failure of the personal representative to meet a requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for his removal and appointment of a successor personal representative.
Utah Code § 75-13-101 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-101
§ 75-13-101. Definitions.
Status: in_force

As used in this chapter: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means. (3) "Electronic signature" means an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (4) "Information" includes data, text, images, codes, computer programs, software, and databases. (5) (a) "Non-testamentary estate planning document" means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. (b) "Non-testamentary estate planning document" includes a record readable as text at the time of signing that creates, exercises, modifies, releases, or revokes: (i) a trust instrument; (ii) a trust power that under the terms of the trust requires a signed record; (iii) a certification of a trust under Section 75B-2-1013; (iv) a power of attorney that is durable under Title 75A, Chapter 2, Uniform Power of Attorney Act; (v) an agent's certification under Section 75A-2-302 of the validity of a power of attorney and the agent's authority; (vi) a power of appointment; (vii) an advance directive, including an advance health care directive, directive to physicians, natural death statement, living will, and medical or physician order for life-sustaining treatment; (viii) a record directing disposition of an individual's body after death; (ix) a nomination of a guardian for the signing individual; (x) a nomination of a guardian for a minor child or disabled adult child; (xi) a mental health treatment declaration; (xii) a community property survivorship agreement; (xiii) a disclaimer under Section 75-2-801; and (xiv) any other record intended to carry out an individual's intent regarding property or health care while incapacitated or on death. (c) "Non-testamentary estate planning document" does not include a deed of real property or certificate of title for a motor vehicle, watercraft, or aircraft. (6) "Person" means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity. (7) "Power of attorney" means a record that grants authority to an agent to act in place of the principal, even if the term is not used in the record. (8) "Record" means information: (a) inscribed on a tangible medium; or (b) stored in an electronic or other medium and retrievable in perceivable form. (9) (a) "Security procedure" means a procedure to verify that an electronic signature, record, or performance is that of a specific person or to detect a change or error in an electronic record. (b) "Security procedure" includes a procedure that uses an algorithm, code, identifying word or number, encryption, or callback or other acknowledgment procedure. (10) "Settlor" means a person, including a testator, that creates or contributes property to a trust. (11) "Sign" means, with present intent to authenticate or adopt a record to: (a) execute or adopt a tangible symbol; or (b) attach to or logically associate with the record an electronic signature. (12) (a) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or other territory or possession subject to the jurisdiction of the United States. (b) "State" includes a federally recognized Indian tribe. (13) "Terms of a trust" means: (a) except as provided in Subsection (13)(b), the manifestation of the settlor's intent regarding a trust's provisions as: (i) expressed in the trust instrument; or (ii) established by other evidence that would be admissible in a judicial proceeding; or (b) the trust's provisions as established, determined, or amended by: (i) a trustee or other person in accordance with applicable law; (ii) a court order; or (iii) a nonjudicial settlement agreement under Section 75B-2-110. (14) "Trust instrument" means an instrument executed by the settlor that contains terms of the trust, including any amendments. (15) "Will" includes a codicil and a testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.
Utah Code § 75-6-113 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-113
§ 75-6-113. Financial institution protection -- Setoff -- Attachment, garnishment, and other legal process.
Status: in_force

(1) Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to setoff against the balance in any account in which the party has or had immediately before his death a present right of withdrawal. (2) Without regard to the ownership of funds in any multiple-party account and without incurring liability for wrongful dishonor, conversion, or other liability or damage to any person, a financial institution may refuse to permit any withdrawals from the account after service on the financial institution of an attachment, garnishment, execution, or other legal process against the account. The financial institution shall not be required to pay out any part of the credit balance in the account pursuant to an attachment, garnishment, judgment, or other legal process issued in any proceeding against any one or more but less than all of the persons to whom the account is payable until the institution has been furnished with a certified copy of an order of the court determining which of the persons owned the credit balance at the time the process was served on the institution. Payment pursuant to the process in the amount specified in the court order shall be valid and release the financial institution as to any persons claiming an interest in the account.
Utah Code § 75-5b-503 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-503
§ 75-5b-503. Transitional provision.
Status: in_force

(1) This chapter applies to guardianship and protective proceedings begun on or after January 1, 2009. (2) Part 1, General Provisions, Part 3, Transfer of Jurisdiction, and Part 4, Registration and Recognition of Orders from Other States and Sections 75-5b-501 and 75-5b-502 apply to proceedings begun before January 1, 2009, regardless of whether a guardianship or protective order has been issued.
Utah Code § 75-5-605 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-605
§ 75-5-605. Notices for guardianship proceedings.
Status: in_force

(1) Upon a petition for the appointment or removal of a guardian for an adult who is an individual with a severe intellectual disability, or is alleged to be an individual with a severe intellectual disability, other than the appointment of an emergency guardian or temporary suspension of a guardian, the petitioner shall give notice of the petition to: (a) the adult and the adult's parents; (b) any person who is serving as guardian or conservator or who has care and custody of the adult; (c) if the petitioner is unable to notify the adult's parents under Subsection (1)(a), at least one of the closest adult relatives of the individual if any can be found; and (d) Adult Protective Services if Adult Protective Services has received a referral under Title 26B, Chapter 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult, concerning the welfare of the adult or concerning the guardian or conservator or proposed guardian or conservator. (2) A notice described in Subsection (1) shall: (a) be in plain language and large type and in a form with final approval of the Judicial Council; (b) indicate the time and place of the hearing, the possible adverse consequences to the adult described in Subsection (1) who is receiving notice of rights, a list of rights, including the adult's own or court appointed counsel, and a copy of the petition; (c) be served personally on: (i) the adult described in Subsection (1); and (ii) the adult's parents if the adult's parents can be found within the state; and (d) be served in accordance with Section 75-1-401 on: (i) the adult's parents if the adult's parents cannot be found within the state; and (ii) any other person that is required to be served notice under Subsection (1).
Utah Code § 75-3-108 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-108
§ 75-3-108. Statutes of limitation on decedent's cause of action.
Status: in_force

No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent's death sooner than 12 months after death. A cause of action which, but for this section, would have been barred less than 12 months after death, is barred after 12 months unless tolled.
Utah Code § 75-3-402 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-402
§ 75-3-402. Formal testacy or appointment proceedings -- Petition -- Contents.
Status: in_force

(1) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, shall be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this section. A petition for formal probate of a will: (a) requests an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs; (b) contains the statements required for informal applications as stated in Subsection 75-3-301(2) and the statements required by Subsections 75-3-301(3)(b) and (c), and, if the petition requests appointment of a personal representative, the statements required by Subsection 75-3-301(4); and (c) states whether the original of the last will of the decedent is in the possession of the court, accompanies the petition, or was presented to the court for electronic storage or electronic filing and is in the possession of the petitioner or the petitioner's attorney. (2) If the original will is not in the possession of the court, has not been presented to the court for electronic storage or electronic filing, does not accompany the petition, and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also shall state the contents of the will and indicate that it is lost, destroyed, or otherwise unavailable. (3) A petition for adjudication of intestacy and appointment of an administrator in intestacy shall request a judicial finding and order that the decedent left no will and, determining the heirs, contain the statements required by Subsections 75-3-301(2) and 75-3-301(5) and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case, the statements required by Subsection 75-3-301(5)(b) may be omitted.