Utah Code § 75-2-1001 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1001
§ 75-2-1001. Honorary trusts -- Trusts for pets.
Status: in_force

(1) Subject to Subsection (3), if a trust is for a specific lawful noncharitable purpose or for a lawful noncharitable purpose to be selected by the trustee and there is no definite or definitely ascertainable beneficiary designated, the trust may be performed by the trustee for 21 years but no longer whether or not the terms of the trust contemplate a longer duration. (2) Subject to this Subsection (2) and Subsection (3), a trust for the care of a designated domestic or pet animal is valid. The trust terminates when no living animal is covered by the trust. A governing instrument shall be liberally construed to bring the transfer within this subsection, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent. (3) In addition to the provisions of Subsection (1) or (2), a trust covered by either of those subsections is subject to the following provisions: (a) Except as expressly provided otherwise in the trust instrument, no portion of the principal or income may be converted to the use of the trustee or to any use other than for the trust's purposes or for the benefit of a covered animal. (b) Upon termination, the trustee shall transfer the unexpended trust property in the following order: (i) as directed in the trust instrument; (ii) if the trust was created in a nonresiduary clause in the transferor's will or in a codicil to the transferor's will, under the residuary clause in the transferor's will; and (iii) if no taker is produced by the application of Subsection (3)(b)(i) or (ii), to the transferor's heirs under Section 75-2-711. (c) For the purposes of Section 75-2-707, the residuary clause is treated as creating a future interest under the terms of a trust. (d) The intended use of the principal or income can be enforced by an individual designated for that purpose in the trust instrument or, if none, by an individual appointed by a court upon application to it by an individual. (e) Except as ordered by the court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or fee is required by reason of the existence of the fiduciary relationship of the trustee. (f) A court may reduce the amount of the property transferred, if it determines that that amount substantially exceeds the amount required for the intended use. The amount of the reduction, if any, passes as unexpended trust property under Subsection (3)(b). (g) If no trustee is designated or no designated trustee is willing or able to serve, a court shall name a trustee. A court may order the transfer of the property to another trustee, if required to assure that the intended use is carried out and if no successor trustee is designated in the trust instrument or if no designated successor trustee agrees to serve or is able to serve. A court may also make such other orders and determinations as shall be advisable to carry out the intent of the transferor and the purpose of this section.
Utah Code § 75-5-420 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-420
§ 75-5-420. Conservators -- Title by appointment.
Status: in_force

(1) The appointment of a conservator vests in the conservator title as fiduciary to all property of the protected person, presently held or thereafter acquired, not including the assets of a trust, including title to any property previously held for the protected person by custodians or attorneys-in-fact, except for property held pursuant to any uniform gifts to minors act or provisions. (2) The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will, or trust instrument imposing restrictions upon or penalties for transfer or alienation by the protected person of any rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator.
Utah Code § 75-1-402 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-402
§ 75-1-402. Notice -- Waiver.
Status: in_force

A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. If there is no conflict of interest and no conservator or guardian has been appointed, a parent may waive notice for his minor child.
Utah Code § 75-2-709 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-709
§ 75-2-709. Definitions -- Representation -- Per capita at each generation -- Per stirpes.
Status: in_force

(1) As used in this section: (a) "Deceased child" or "deceased descendant" means a child or a descendant who either predeceased the distribution date or is considered to have predeceased the distribution date under Section 75-2-702. (b) "Distribution date," with respect to an interest, means the time when the interest is to take effect in possession or enjoyment. The distribution date need not occur at the beginning or end of a calendar day, but can occur at a time during the course of a day. (c) "Surviving ancestor," "surviving child," or "surviving descendant" means an ancestor, a child, or a descendant who neither predeceased the distribution date nor is considered to have predeceased the distribution date under Section 75-2-702. (2) If an applicable statute or a governing instrument calls for property to be distributed or taken "per capita at each generation," the property is divided into as many equal shares as there are: (a) surviving descendants in the generation nearest to the designated ancestor which contains one or more surviving descendants; and (b) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the distribution date. (3) If a governing instrument calls for property to be distributed or taken "per stirpes," "by representation," or "by right of representation," the property is divided into as many equal shares as there are: (a) surviving children of the designated ancestor; and (b) deceased children who left surviving descendants. Each surviving child, if any, is allocated one share. The share of each deceased child with surviving descendants is divided in the same manner, with subdivision repeating at each succeeding generation until the property is fully allocated among surviving descendants. (4) If a governing instrument calls for property to be distributed or taken "per capita," "share and share alike," or "to the survivor of them," the property is divided into as many equal shares as there are living persons named on the distribution date. (5) For the purposes of Subsections (2) and (3), an individual who is deceased and left no surviving descendant is disregarded, and an individual who leaves a surviving ancestor who is a descendant of the designated ancestor is not entitled to a share.
Utah Code § 75-2-701 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-701
§ 75-2-701. Scope.
Status: in_force

In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a particular section is limited by its terms to a specific type or types of provision or governing instrument.
Utah Code § 75-2-1202 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1202
§ 75-2-1202. Uniformity of application and construction.
Status: in_force

This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it.
Utah Code § 75-3-801 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-801
§ 75-3-801. Notice to creditors.
Status: in_force

(1) (a) A personal representative, upon appointment, may publish a notice to creditors announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within three months after the date of the first publication of the notice or be forever barred. (b) The notice described in Subsection (1)(a) shall be published: (i) once a week for three successive weeks in a newspaper of general circulation in the county; and (ii) in accordance with Section 45-1-101 for three weeks. (2) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within 90 days from the published notice if given as provided in Subsection (1) above or within 60 days from the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice shall be the notice described in Subsection (1) above or a similar notice. (3) The personal representative shall not be liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section. (4) If the estate is being administered in accordance with Section 75-3-1201, a notice to creditors may be published in an affidavit in accordance with this section by the person claiming to be the successor or the decedent.
Utah Code § 75-2-212 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-212
§ 75-2-212. Right of election personal to surviving spouse -- Incapacitated surviving spouse -- Custodial trust.
Status: in_force

(1) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the court under Subsection 75-2-211(1). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse's behalf by his conservator, guardian, or agent under the authority of a power of attorney. (2) If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the court shall set aside that portion of the elective-share and supplemental elective-share amounts due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others under Subsections 75-2-209(2) and (3) and shall appoint a trustee to administer that property for the support of the surviving spouse. For the purposes of this subsection, an election on behalf of a surviving spouse by an agent under a durable power of attorney is presumed to be on behalf of a surviving spouse who is an incapacitated person. The trustee shall administer the trust in accordance with the following terms and such additional terms as the court determines appropriate: (a) Expenditures of income and principal may be made in the manner, when, and to the extent that the trustee determines suitable and proper for the surviving spouse's support, without court order but with regard to other support, income, and property of the surviving spouse exclusive of benefits of medical or other forms of assistance from any state or federal government or governmental agency for which the surviving spouse shall qualify on the basis of need. (b) During the surviving spouse's incapacity, neither the surviving spouse nor anyone acting on behalf of the surviving spouse has a power to terminate the trust; but if the surviving spouse regains capacity, the surviving spouse then acquires the power to terminate the trust and acquire full ownership of the trust property free of trust, by delivering to the trustee a writing signed by the surviving spouse declaring the termination. (c) Upon the surviving spouse's death, the trustee shall transfer the unexpended trust property in the following order: (i) under the residuary clause, if any, of the will of the predeceased spouse against whom the elective share was taken, as if that predeceased spouse died immediately after the surviving spouse; or (ii) to the predeceased spouse's heirs under Section 75-2-711.
Utah Code § 75-5b-201 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-201
§ 75-5b-201. Exclusive basis -- Significant connection.
Status: in_force

(1) This part provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. (2) In determining under Section 75-5b-203 and Subsection 75-5b-301(5) whether a respondent has a significant connection with a particular state, the court shall consider: (a) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (b) the length of time the respondent at any time was physically present in the state and the duration of any absence; (c) the location of the respondent's property; and (d) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver license, social relationship, and receipt of services.
Utah Code § 75-5-201 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-201
§ 75-5-201. Status of guardian of minor -- General.
Status: in_force

(1) (a) A person becomes a guardian of a minor by acceptance of a testamentary appointment, through appointment by a local school board under Section 53G-6-303, or upon appointment by the court. (b) The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward. (2) (a) A document issued by other than a court of law which purports to award guardianship to a person who is not a legal resident of the jurisdiction in which the guardianship is awarded is not valid in the state of Utah until reviewed and approved by a Utah court. (b) The procedure for obtaining approval of a guardianship under Subsection (2)(a) shall be identical to the procedure required under this part for obtaining a court appointment of a guardian.
Utah Code § 75-1-302 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-302
§ 75-1-302. Subject matter jurisdiction.
Status: in_force

(1) To the full extent permitted by the Constitution of Utah, the court has jurisdiction over all subject matter relating to: (a) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; (b) protection of minors and incapacitated persons; and (c) trusts. (2) The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justice in the matters which come before it.
Utah Code § 75-5-608 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-608
§ 75-5-608. Emergency or temporary guardian.
Status: in_force

(1) (a) If a respondent does not have a guardian and an emergency exists, the court may, without notice, appoint an emergency guardian for the respondent for a specified period not to exceed 30 days pending notice and a hearing. (b) The court may, without notice, appoint an emergency guardian for an individual with a severe intellectual disability for a specified period not to exceed 30 days pending notice and a hearing if: (i) an appointed guardian for the individual is not effectively performing the guardian's duties; and (ii) the court further finds that the welfare of the respondent or individual requires immediate action. (c) Upon request by an interested person after the appointment of an emergency guardian under Subsection (1)(a) or (b), the court shall hold a hearing within 14 days in accordance with Section 75-5-604. (2) If the court finds good cause after notice and hearing under Sections 75-5-604 and 75-5-605, the court may: (a) appoint a temporary guardian; (b) convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Subsection (1); or (c) appoint a different person as temporary guardian to replace an emergency guardian appointed under Subsection (1). (3) Unless the respondent or individual with a severe intellectual disability has already obtained or been appointed counsel or an attorney is not required as described in Section 75-5-606, the court shall appoint an attorney to represent the respondent or individual. (4) Until a full hearing and further order of the court, the temporary guardian: (a) shall be charged with the care and custody of the respondent or individual with a severe intellectual disability; and (b) may not permit the respondent or individual with a severe intellectual disability to be removed from the state. (5) The authority of any permanent guardian previously appointed by the court is suspended so long as a temporary guardian has authority. (6) A temporary guardian may be removed at any time, and shall obey all orders and make any reports required by the court. (7) A temporary guardian has all of the powers and duties of a permanent guardian as set forth in Section 75-5-611.
Utah Code § 75-6-107 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-107
§ 75-6-107. Rights of creditors.
Status: in_force

No multiple-party account will be effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse, minor children and dependent children, if other assets of the estate are insufficient. A surviving party, P.O.D. payee, or beneficiary who receives payment from a multiple-party account after the death of a deceased party shall be liable to account to his personal representative for amounts the decedent owned beneficially immediately before his death to the extent necessary to discharge the claims and charges mentioned above remaining unpaid after application of the decedent's estate. No proceeding to assert this liability shall be commenced unless the personal representative has received a written demand by a surviving spouse, a creditor, or one acting for a minor or dependent child of the decedent; and no proceeding shall be commenced later than two years following the death of the decedent. Sums recovered by the personal representative shall be administered as part of the decedent's estate. This section shall not affect the right of a financial institution to make payment on multiple-party accounts according to the terms thereof or make it liable to the estate of a deceased party unless before payment the institution has been served with process in a proceeding by the personal representative.
Utah Code § 75-5-411 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-411
§ 75-5-411. Bond.
Status: in_force

Subject to the provisions of Title 7, Financial Institutions Act, relating to the bonding requirements for corporate fiduciaries, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify, unless the court dispenses with such bond for good cause shown. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property of the estate in his control plus one year's estimated income minus the value of securities and cash deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.
Utah Code § 75-2-503 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-503
§ 75-2-503. Writings intended as wills.
Status: in_force

Although a document or writing added upon a document was not executed in compliance with Section 75-2-502, the document or writing is treated as if it had been executed in compliance with that section if the proponent of the document or writing establishes by clear and convincing evidence that the decedent intended the document or writing to constitute: (1) the decedent's will; (2) a partial or complete revocation of the will; (3) an addition to or an alteration of the will; or (4) a partial or complete revival of his formerly revoked will or of a formerly revoked portion of the will.
Utah Code § 75-6-310 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-310
§ 75-6-310. Nontestamentary transfer on death.
Status: in_force

(1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary. (2) This part does not limit the rights of creditors of security owners against beneficiaries and other transferees under the laws of this state.
Utah Code § 75-5-707 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-707
§ 75-5-707. Termination.
Status: in_force

Unless otherwise provided in the supported decision-making agreement, a supported decision-making agreement is terminated upon the occurrence of any of the following: (1) the death of the principal; (2) revocation by the principal pursuant to Section 75-5-706; (3) as to a specific supporter, if the supporter is no longer qualified by reason of failure to meet the requirements described in Subsection 75-5-701(14); (4) withdrawal by all of the supporters pursuant to Section 75-5-706 without the designation of a successor supporter; (5) the principal's execution of a valid power of attorney, healthcare directive, or declaration for mental health treatment, except to the extent the executed document expressly continues, in whole or in part, the supported decision-making agreement; or (6) a court's: (a) determination that the principal does not have capacity to execute or consent to a supported decision-making agreement; or (b) appointment of a temporary or permanent guardian or conservator, unless the court's order of appointment: (i) modifies but continues the supported decision-making agreement; and (ii) limits the powers and duties of the guardian.
Utah Code § 75-2-214 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-214
§ 75-2-214. Protection of payors and other third parties.
Status: in_force

(1) Although under Section 75-2-205 a payment, item of property, or other benefit is included in the decedent's nonprobate transfers to others, a payor or other third party is not liable for having made a payment or transferred an item of property or other benefit to a beneficiary designated in a governing instrument, or for having taken any other action in good faith reliance on the validity of a governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice from the surviving spouse or spouse's representative of an intention to file a petition for the elective share or that a petition for the elective share has been filed. A payor or other third party is liable for payments made or other actions taken after the payor or other third party received written notice of an intention to file a petition for the elective share or that a petition for the elective share has been filed. (2) A written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed 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. Upon receipt of written notice of intention to file a petition for the elective share or that a petition for the elective share has been filed, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property, and, upon its determination under Subsection 75-2-211(4), shall order disbursement in accordance with the determination. If no petition is filed in the court within the specified time under Subsection 75-2-211(1) or, if filed, the demand for an elective share is withdrawn under Subsection 75-2-211(3), the court shall order disbursement to the designated beneficiary. Payments or transfers to the court or deposits made into court discharge the payor or other third party from all claims for amounts so paid or the value of property so transferred or deposited. (3) Upon petition to the probate court by the beneficiary designated in a governing instrument, the court may order that all or part of the property be paid to the beneficiary in an amount and subject to conditions consistent with this part.
Utah Code § 75-5-204 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-204
§ 75-5-204. Court appointment of guardian of minor -- Conditions for appointment.
Status: in_force

(1) In accordance with Subsection (2), the court may appoint a guardian for an unemancipated minor if: (a) each parent of the minor acknowledges that the parent understands the legal effect of the guardianship and consents; (b) all parental rights have been terminated; or (c) each parent is unwilling or unable to exercise the parent's parental rights for any reason, including a court order suspending the parent's parental rights. (2) (a) A guardian appointed by will under Section 75-5-202, or by written instrument under Section 75-5-202.5, whose appointment has not been prevented or nullified under Section 75-5-203 has priority over any court appointed guardian. (b) Notwithstanding Subsection (2)(a), the court may proceed with a court appointment upon a finding that the testamentary or instrumental guardian has failed to accept the testamentary appointment within 30 days after notice of the guardianship proceeding.
Utah Code § 75-2-401 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-401
§ 75-2-401. Exempt property and allowances -- Applicable law.
Status: in_force

This part applies to the estate of a decedent who dies domiciled in Utah. Rights to homestead allowance, exempt property, and family allowance for a decedent who dies not domiciled in Utah are governed by the law of the decedent's domicile at death.
Utah Code § 75-2-202 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-202
§ 75-2-202. Elective share -- Supplemental elective share amount -- Effect of election on statutory benefits -- Nondomicilary.
Status: in_force

(1) The surviving spouse of a decedent who dies domiciled in Utah has a right of election, under the limitations and conditions stated in this part, to take an elective-share amount equal to the value of 1/3 of the augmented estate. (2) If the sum of the amounts described in Subsection 75-2-209(1), and that part of the elective-share amount payable from the decedent's probate estate and nonprobate transfers to others under Subsections 75-2-209(2) and (3) is less than $75,000, the surviving spouse is entitled to a supplemental elective-share amount equal to $75,000, minus the sum of the amounts described in those sections. The supplemental elective-share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in Subsections 75-2-209(2) and (3). (3) If the right of election is exercised by or on behalf of the surviving spouse, the surviving spouse's homestead allowance, exempt property, and family allowance, if any, are charged against, and are not in addition to, the elective-share and supplemental elective-share amounts. (4) The right, if any, of the surviving spouse of a decedent who dies domiciled outside Utah to take an elective share in property in Utah is governed by the law of the decedent's domicile at death.
Utah Code § 75-5-430 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-430
§ 75-5-430. Termination of proceeding.
Status: in_force

The protected person, his personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased, may terminate the conservatorship. Upon termination, title to assets of the estate passes to the former protected person or to his successors, subject to provision in the order for expenses of administration or to conveyances from the conservator to the former protected persons or his successors to evidence the transfer.
Utah Code § 75-13-207 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-207
§ 75-13-207. Witnessing and attestation.
Status: in_force

(1) If other law of this states bases the validity of a non-testamentary estate planning document on whether the non-testamentary estate planning document is signed, witnessed, or attested by another individual, the signature, witnessing, or attestation of that individual may be electronic. (2) (a) As used in this Subsection (2), "electronic presence" means that two or more individuals in different locations are able to communicate in real time to the same extent as if the individuals were physically present in the same location. (b) If other law of this state bases the validity of a non-testamentary estate planning document on whether the non-testamentary estate planning document is signed, witnessed, or attested by another individual in the presence of the individual signing the document, the presence requirement is satisfied if the individuals are in each other's electronic presence.
Utah Code § 75-3-412 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-412
§ 75-3-412. Formal testacy proceedings -- Effect of order -- Vacation.
Status: in_force

(1) Subject to appeal and subject to vacation as provided in this section and in Section 75-3-413, a formal testacy order under this part, including an order that the decedent left no valid will and determining heirs, is final as to all persons with respect to all issues concerning the decedent's estate that the court considered or might have considered incident to its rendition relevant to the question of whether the decedent left a valid will, and to the determination of heirs, except that: (a) The court shall entertain a petition for modification or vacation of its order and probate of another will of the decedent if it is shown that the proponents of the later-offered will were unaware of its existence at the time of the earlier proceeding or were unaware of the earlier proceeding and were given no notice of it, except by publication. (b) If intestacy of all or part of the estate has been ordered, the determination of heirs of the decedent may be reconsidered if it is shown that one or more persons were omitted from the determination and it is also shown that the persons were unaware of their relationship to the decedent, were unaware of his death, or were given no notice of any proceeding concerning his estate, except by publication. (c) The order originally rendered in the testacy proceeding may be modified or vacated, if appropriate under the circumstances, by the order of probate of the later-offered will or the order redetermining heirs. (d) The finding of the fact of death is conclusive as to the alleged decedent only if notice of the hearing on the petition in the formal testacy proceeding was sent by registered or certified mail addressed to the alleged decedent at his last known address and the court finds that a search under Subsection 75-3-403(2) was made. (2) If the alleged decedent is not dead, even if notice was sent and search was made, he may recover estate assets in the hands of the personal representative. In addition to any remedies available to the alleged decedent by reason of any fraud or intentional wrongdoing, the alleged decedent may recover any estate or its proceeds from distributees that is in their hands, or the value of distributions received by them, to the extent that any recovery from distributees is equitable in view of all of the circumstances. (3) A petition for vacation under either Subsections (1)(a) or (b) must be filed prior to the earlier of the following time limits: (a) If a personal representative has been appointed for the estate, the time of entry of any order approving final distribution of the estate, or, if the estate is closed by statement, six months after the filing of the closing statement. (b) Whether or not a personal representative has been appointed for the estate of the decedent, the time prescribed by Section 75-3-107 when it is no longer possible to initiate an original proceeding to probate a will of the decedent. (c) Twelve months after the entry of the order sought to be vacated.
Utah Code § 75-13-301 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-301
§ 75-13-301. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, a court shall consider the promotion of uniformity in the law among jurisdictions that enact the uniform act.
Utah Code § 75-5-312.5 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-312.5
§ 75-5-312.5. Association between an adult ward and a relative or acquaintance of the adult ward.
Status: in_force

(1) As used in this section: (a) "Associate" or "association" means: (i) visitation of an adult ward by a relative or qualified acquaintance; or (ii) communication between an adult ward and a relative or qualified acquaintance in any form, including by telephone, mail, or electronic communication. (b) "Qualified acquaintance" means an individual, other than a relative of the adult ward, who: (i) has established a significant, mutual friendship with the adult ward; or (ii) is clergy in the adult ward's religion or religious congregation. (c) "Relative" means an adult ward's spouse, parent, step-parent, child, step-child, sibling, step-sibling, half-sibling, grandparent, grandchild, uncle, aunt, nephew, niece, or first cousin. (2) (a) Except as otherwise provided by court order, a guardian may not restrict or prohibit the right of an adult ward to associate with a relative or qualified acquaintance of the adult ward. (b) If an adult ward is unable to express consent to visitation by a relative or a qualified acquaintance of the adult ward, the consent of the adult ward is presumed based on evidence of a prior relationship between the adult ward and the relative or qualified acquaintance of the adult ward. (c) A guardian may not permit a relative or qualified acquaintance of an adult ward to associate with the adult ward: (i) if a court order prohibits the association; (ii) in a manner prohibited by court order; or (iii) if the adult ward expresses a desire to not associate with the relative or qualified acquaintance. (3) A guardian may, as part of the initial guardianship proceeding, petition the court to issue an order: (a) prohibiting or placing conditions on association between an adult ward and a relative or qualified acquaintance of the adult ward; or (b) granting the guardian the authority to prohibit or place conditions on association between an adult ward and a relative or qualified acquaintance of the adult ward. (4) A guardian may, at any time after the initial guardianship proceeding: (a) petition the court to issue an order described in Subsection (3) or to rescind or modify an order described in Subsection (3); or (b) petition, subject to notice, the court on an emergency basis to issue a temporary order until further order of the court described in Subsection (3) or to rescind or modify an order described in Subsection (3). (5) An adult ward, a relative of an adult ward, or a qualified acquaintance of an adult ward may, at any time after the initial guardianship proceeding, petition the court to rescind or modify an order described in Subsection (3). (6) If a guardian violates Subsection (2), the adult ward, a relative of the adult ward, or a qualified acquaintance of the adult ward may, as applicable: (a) file an ex parte motion to enforce an order or to obtain sanctions; (b) seek an injunction to enforce compliance by the guardian with the law and any applicable court order; or (c) petition the court to have the guardian removed as guardian of the adult ward. (7) For a hearing on a petition filed under this section, a court: (a) may appoint a court visitor to meet with the adult ward to determine the wishes of the adult ward regarding association; (b) shall give notice and an opportunity to be heard to the guardian, the adult ward, and the relative or qualified acquaintance; (c) shall preserve the right of the adult ward to be present at the hearing; and (d) may order supervised visitation by the relative or qualified acquaintance before the hearing. (8) A court may not enter an order prohibiting or placing restrictions on association between an adult ward and a relative or qualified acquaintance, unless the court finds by a preponderance of the evidence that: (a) the adult ward desires the prohibition or restriction; (b) if the adult ward had the capacity to make a knowing and intelligent decision regarding the association, the adult ward would prohibit the association or impose the restriction; or (c) the prohibition or restriction is the least restrictive means necessary to protect the health or welfare of the adult ward. (9) In making the determination described in Subsection (8), the court may consider any relevant evidence, including: (a) the wishes of the adult ward, expressed during or before the guardianship; (b) the history of the relationship between the adult ward and the relative or qualified acquaintance; (c) any history of criminal activity, abuse, neglect, or violence by the relative or qualified acquaintance; or (d) whether a protective order was ever issued against the relative or qualified acquaintance with respect to the adult ward. (10) Except as provided in Subsection (11), the guardian shall have the burden of proof when: (a) seeking an order prohibiting association or placing restrictions on association with a relative or qualified acquaintance of the adult ward; (b) modifying an order to place additional prohibitions or restrictions on association with a relative or qualified acquaintance of the adult ward; or (c) opposing an action described in Subsection (6)(a) or (b). (11) The relative or qualified acquaintance shall have the burden of proof if the relative or qualified acquaintance is seeking to modify an order previously entered by a court under this section. (12) (a) If, in a proceeding under this section, the court finds that the petition was filed frivolously or in bad faith, the court shall award attorney fees to a party opposing the petition. (b) If, in a proceeding under this section, the court finds that the guardian is in contempt of court or has acted frivolously or in bad faith in prohibiting or restricting association, the court: (i) shall award attorney fees to the prevailing party; and (ii) may impose a sanction, not to exceed $1,000, against the guardian. (c) A court shall prohibit attorney fees awarded under this Subsection (12) from being paid by the adult ward or the adult ward's estate.
Utah Code § 75-3-401 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-401
§ 75-3-401. Formal testacy proceedings -- Nature -- When commenced.
Status: in_force

(1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in Subsection 75-3-402(1) in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with Subsection 75-3-402(3) for an order that the decedent died intestate. (2) A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative. (3) During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent. (4) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
Utah Code § 75-1-309 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-309
§ 75-1-309. Oath or affirmation on filed documents.
Status: in_force

(1) Except as otherwise specifically provided in this title or by rule, every document filed with the court under this code, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed. (2) Penalties for perjury may follow deliberate falsification therein.
Utah Code § 75-2-1206.5 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1206.5
§ 75-2-1206.5. Savings provision.
Status: in_force

A property interest that becomes invalid pursuant to Section 75-2-1203 upon the expiration of the 1,000-year period shall be distributed as follows: (1) If the property interest is payable to one person, it shall be distributed to that person. If the property interest is payable to more than one person, it shall be distributed to the persons to whom the property interest is then payable: (a) in the shares to which the persons are entitled; or (b) equally among all persons who are entitled to shares if not specified. (2) If the property interest is payable in the discretion of a trustee and is payable to one person, it shall be distributed to that person. If the property interest is payable to more than one person, it shall be distributed to the persons eligible to receive it: (a) in the shares to which the persons are entitled; or (b) equally among all persons who are entitled to shares if not specified. (3) When there is no person then living to whom a property interest may be distributed under Subsection (1) or (2), it shall be payable to one or more organizations described in 26 U.S.C. 2055(a) Internal Revenue Code, or successor provisions and in the shares or proportions that the trustee or trustees then acting may determine.
Utah Code § 75-6-307 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-307
§ 75-6-307. Effect of registration in beneficiary form.
Status: in_force

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
Utah Code § 75-2-105 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-105
§ 75-2-105. No taker -- Minerals and mineral proceeds.
Status: in_force

(1) As used in this section: (a) "Mineral" means the same as that term is defined in Section 67-4a-102. (b) "Mineral proceeds" means the same as that term is defined in Section 67-4a-102. (c) "Operator" means the same as that term is defined in Section 40-6-2, 40-8-4, or 40-10-3, and includes any other person holding mineral proceeds of an owner. (d) "Owner" means the same as that term is defined in Section 38-10-101, 40-6-2, or 40-8-4. (e) "Payor" means the same as that term is defined in Section 40-6-2, and includes a person who undertakes or has a legal obligation to distribute any mineral proceeds. (2) If there is no taker under this chapter, the intestate estate passes upon the decedent's death to the state for the benefit of the permanent state school fund. (3) When minerals or mineral proceeds pass to the state pursuant to Subsection (2), the Utah School and Institutional Trust Lands Administration shall administer the interests in the minerals or mineral proceeds for the support of the common schools pursuant to Sections 53C-1-102 and 53C-1-302, but may exercise its discretion to abandon or decline to administer property of no value or of insufficient value to justify its collection or continued administration. (4) (a) If a probate or other proceeding has not adjudicated the state's rights under Subsection (2), the state, and the Utah School and Institutional Trust Lands Administration with respect to any minerals or mineral proceeds referenced in Subsection (3), may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to quiet title the minerals, mineral proceeds, or property. (b) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, the state or the Utah School and Institutional Trust Lands Administration, shall bring an action described in Subsection (4)(a) in the county in which the property related to the minerals or mineral process is located if the action is brought in the district court. (5) In an action brought under Subsection (4), the court shall quiet title to the minerals, mineral proceeds, or property in the state if: (a) no interested person appears in the action and demonstrates entitlement to the minerals, mineral proceeds, or property after notice has been given pursuant to Section 78B-6-1303 and in the manner described in Section 75-1-401; and (b) the requirements of Section 78B-6-1315 are met. (6) (a) If an operator, owner, or payor determines that minerals or mineral proceeds form part of a decedent's intestate estate, and has not located an heir of the decedent, the operator, owner, or payor shall submit to the Utah School and Institutional Trust Lands Administration the information in the operator's, owner's, or payor's possession concerning the identity of the decedent, the results of a good faith search for heirs specified in Section 75-2-103, the property interest from which the minerals or mineral proceeds derive, and any potential heir. (b) The operator, owner, or payor shall submit the information described in Subsection (6)(a) within 180 days of acquiring the information.
Utah Code § 75-2b-110 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-110
§ 75-2b-110. Limitations on testamentary disposition.
Status: in_force

This chapter does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.
Utah Code § 75-13-208 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-208
§ 75-13-208. Retention of electronic record -- Original.
Status: in_force

(1) As used in this section, "governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. (2) Except as provided in Subsection (3), if other law of this state requires an electronic non-testamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that: (a) accurately reflects the information in the document after the document was first generated in final form as an electronic record or under Section 75-13-209; and (b) remains accessible to the extent required by the other law. (3) A requirement under Subsection (2) to retain a record does not apply to information the sole purpose of which is to enable the record to be sent, communicated, or received. (4) A person may satisfy Subsection (2) by using the services of another person. (5) If other law of this state requires a non-testamentary estate planning document to be presented or retained in the non-testamentary estate planning document's original form, or provides consequences if a non-testamentary estate planning document is not presented or retained in the non-testamentary estate planning document's original form, an electronic record retained in accordance with Subsection (2) satisfies the other law. (6) This section does not preclude a governmental agency from specifying requirements for the retention of a record subject to the agency's jurisdiction in addition to those in this section.
Utah Code § 75-2-204 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-204
§ 75-2-204. Decedent's net probate estate.
Status: in_force

Unless excluded under Section 75-2-208, the value of the augmented estate includes the value of the decedent's probate estate, reduced by funeral and administration expenses, homestead allowance, family allowances, exempt property, and enforceable claims.
Utah Code § 75-13-205 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-205
§ 75-13-205. Attribution and effect of electronic record and electronic signature.
Status: in_force

(1) (a) An electronic non-testamentary estate planning document or electronic signature on an electronic non-testamentary estate planning document is attributable to a person if the electronic non-testamentary estate planning document or electronic signature on an electronic non-testamentary estate planning document was the act of the person. (b) The act of the person may be shown in any manner, including by showing the efficacy of a security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (2) The effect of attribution to a person under Subsection (1) of a document or signature is determined from the context and surrounding circumstances at the time of the document's or signature's creation, execution, or adoption and as provided by law.
Utah Code § 75-3-707 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-707
§ 75-3-707. Duty of personal representative -- Supplementary inventory.
Status: in_force

If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or furnish copies thereof or information thereof to persons interested in the new information.
Utah Code § 75-6-302 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-302
§ 75-6-302. Definitions.
Status: in_force

In this part, unless the context otherwise requires: (1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) "Devisee" means any person designated in a will to receive a disposition of real or personal property. (3) "Heirs" means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. (4) "Person" means an individual, a corporation, an organization, or other legal entity. (5) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. (6) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership. (7) "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. (8) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. (9) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account. (10) "Security account" means: (a) a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or (b) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death. (11) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
Utah Code § 75-2-1203 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1203
§ 75-2-1203. Validity of nonvested property interest -- Validity of general power of appointment subject to a condition precedent -- Validity of nongeneral or testamentary power of appointment -- Effect of certain "later-of" type language.
Status: in_force

(1) A nonvested property interest is invalid unless within 1,000 years after the interest's creation the interest vests or terminates. (2) A general power of appointment not presently exercisable because of a condition precedent is invalid unless within 1,000 years after the general power of appointment's creation the power of appointment is irrevocably exercised or terminates. (3) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless within 1,000 years after its creation the power of appointment is irrevocably exercised or terminates. (4) The language in a governing instrument is inoperative to the extent it produces a period of time that exceeds 1,000 years after if, in measuring a period from the creation of a trust or other property arrangement, the language: (a) seeks to disallow the vesting or termination of any interest or trust beyond; (b) seeks to postpone the vesting or termination of any interest or trust until; or (c) seeks to operate in effect in any similar fashion upon, the later of: (i) the expiration of a period of time not exceeding 1,000 years; or (ii) the expiration of a period of time that exceeds or might exceed 1,000 years. (5) If a power of appointment is exercised to create a new power of appointment, all property interests subject to that new power of appointment are invalid unless the property interests that are subject to the new power of appointment vest or terminate within 1,000 years after the creation of the new power of appointment.
Utah Code § 75-5-417 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-417
§ 75-5-417. General duty of conservator.
Status: in_force

(1) A conservator shall act as a fiduciary and shall observe the standards of care as set forth in Section 75B-2-902. (2) (a) For all estates in excess of $50,000 excluding the residence owned by the ward, the conservator shall send a report with a full accounting to the court on an annual basis. (b) For estates less than $50,000 excluding the residence owned by the ward, the conservator shall fill out an informal annual report and mail the report to the court. (c) A report under Subsection (2)(a) or (b) 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 ward; (iv) any investments or trusts that are held for the ward's benefit; (v) any expenditures or fees charged to the ward's estate; and (vi) any other expenses incurred by the ward's estate. (d) The Judicial Council shall approve the forms for the accounting reports described in Subsections (2)(a) and (b). (e) An annual accounting report under Subsection (2)(a) or (b) shall be examined and approved by the court. (3) (a) Corporate fiduciaries are not required to fully petition the court, but shall submit their internal report annually to the court. (b) A report under Subsection (3)(a) shall be examined and approved by the court. (4) Upon a motion and after a hearing, the court may alter the frequency of, or the information included in, an accounting report provided to a ward in accordance with Subsection 75-5-301.5(3)(l). (5) (a) The court may impose a fine in an amount not to exceed $5,000, if, after receiving written notice of the failure to file and after a grace period of two months have elapsed, a conservator or corporate fiduciary: (i) makes a substantial misstatement on filings of any required annual reports; (ii) is guilty of gross impropriety in handling the property of the ward; or (iii) willfully fails to file the report required by this section. (b) The court may also order restitution of funds misappropriated from the estate of a ward. (c) The penalty shall be paid by the conservator or corporate fiduciary and may not be paid by the estate. (6) These provisions and penalties governing annual reports do not apply if the conservator is the parent of the ward.
Utah Code § 75-3-720 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-720
§ 75-3-720. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
Status: in_force

After notice to all interested persons, on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative, including any attorney, auditor, investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for the personal representative's own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
Utah Code § 75-3-610 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-610
§ 75-3-610. Termination of appointment -- Voluntary.
Status: in_force

(1) An appointment of a personal representative terminates as provided in Section 75-3-1003, one year after the filing of a closing statement. (2) An order closing an estate as provided in Section 75-3-1001 or 75-3-1002 terminates an appointment of a personal representative. (3) A personal representative may resign his position by filing a written statement of resignation with the registrar after he has given at least 15 days' written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him.
Utah Code § 75-5-208 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-208
§ 75-5-208. Consent to service by acceptance of appointment -- Notice.
Status: in_force

By accepting a testamentary, instrumental, or court appointment as guardian, 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 minor. 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. Letters of guardianship shall indicate whether the guardian was appointed by will, written instrument, or by court order.
Utah Code § 75-5-422 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-422
§ 75-5-422. Sale, encumbrance or transaction involving conflict of interest -- Voidable -- Exceptions.
Status: in_force

Any sale or encumbrance to a conservator, his spouse, agent, or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest, is voidable unless the transaction is approved by the court after notice to interested persons and others as directed by the court.
Utah Code § 75-2b-105 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-105
§ 75-2b-105. Perfection of title of surviving spouse.
Status: in_force

If the title to any property to which this chapter applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the court. Any action to perfect title shall be brought by the surviving spouse or the surviving spouse's successors in interest within four months after written notification is received from the decedent's personal representative, or the successor trustee of the decedent's revocable trust, informing the surviving spouse of the limitations period. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which this chapter applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest.
Utah Code § 75-2-1205 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1205
§ 75-2-1205. Reformation.
Status: in_force

Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 1,000 years allowed by Section 75-2-1203 if: (1) a nonvested property interest or a power of appointment becomes invalid under Section 75-2-1203; (2) a class gift is not but might become invalid under Section 75-2-1203 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or (3) a nonvested property interest that is not validated by Section 75-2-1203 can vest but not within 1,000 years after its creation.
Utah Code § 75-6-104 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-104
§ 75-6-104. Right of survivorship.
Status: in_force

(1) (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention. (b) A financial institution may rely on the financial institution's records for a joint account when distributing funds for the joint account in accordance with Subsection (1)(a). (c) If there are two or more surviving parties under Subsection (1)(a), their respective ownerships during lifetime shall be in proportion to their previous ownership interests under Section 75-6-103 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before the decedent's death; and the right of survivorship continues between the surviving parties. (2) If the account is a P.O.D. account: (a) on death of one of two or more original payees, the rights to any sums remaining on deposit are governed by Subsection (1); or (b) on death of the sole original payee or of the survivor of two or more original payees, any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the original payee; if two or more P.O.D. payees survive, there is no right of survivorship in event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. (3) If the account is a trust account: (a) on death of one of two or more trustees, the rights to any sums remaining on deposit are governed by Subsection (1); or (b) on death of the sole trustee or the survivor of two or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear evidence of a contrary intent; and if two or more beneficiaries survive, there is no right of survivorship in event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them. (4) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of the decedent's estate. (5) A right of survivorship arising from the express terms of the account or under this section, a beneficiary designation in a trust account, or a P.O.D. payee designation, cannot be changed by will.
Utah Code § 75-2-404 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-404
§ 75-2-404. Family allowance.
Status: in_force

(1) In addition to the right to homestead allowance and exempt property, the decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise to the children, or persons having their care and custody. If a minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or his guardian or other person having the child's care and custody, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims except the homestead allowance. (2) Unless otherwise provided by the will or governing instrument, the family allowance is chargeable against any benefit or share passing to the surviving spouse or minor 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. The death of any person entitled to family allowance terminates the right to allowances not yet paid.
Utah Code § 75-2-805 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-805
§ 75-2-805. Reformation to correct mistakes.
Status: in_force

The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence that the transferor's intent and the terms of the governing instrument were affected by a mistake of fact or law, whether in expression or inducement.
Utah Code § 75-4-206 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-206
§ 75-4-206. Power of representatives in transition.
Status: in_force

The power of a domiciliary foreign personal representative under Section 75-4-201 or 75-4-205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section 75-4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.
Utah Code § 75-6-409 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-409
§ 75-6-409. Requirements.
Status: in_force

A transfer on death deed shall: (1) contain the essential elements and formalities of a properly recordable inter vivos deed; (2) state that the transfer to the designated beneficiary is to occur at the transferor's death; and (3) be recorded before the transferor's death in the public records in the county recorder's office of the county where the property is located.
Utah Code § 75-2-504 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-504
§ 75-2-504. Self-proved will.
Status: in_force

(1) A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs, whether or not that officer is also a witness to the will, and evidenced by the officer's certificate, under official seal, in substantially the following form:I, _______, the testator, sign my name to this instrument this ____ day of _______, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.__________________Testator We, _______, _______, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as [his] [her] will and that [he] [she] signs it willingly (or willingly directs another to sign for [him] [her] ), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.___________________Witness__________________Witness State of _______ County of _______ Subscribed, sworn to and acknowledged before me by _______, the testator, and subscribed and sworn to before me by _______, and _______, witnesses, this ____ day of _______.(Signed) _______________________________________ (Official capacity of officer) (2) An attested will may be made self-proved at any time after its execution by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in substantially the following form:State of _______ County of _______We, _______, _______, and _______, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will and that [he] [she] had signed willingly (or willingly directed another to sign for [him] [her] ), and that [he] [she] executed it as [his] [her] free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of [his] [her] knowledge the testator was at that time 18 years or age or older, of sound mind, and under no constraint or undue influence.__________________Testator__________________Witness__________________WitnessSubscribed, sworn to, and acknowledged before me by _______, the testator, and subscribed and sworn to before me by _______, and _______, witnesses, this ____ day of _______.(Signed) ______________________________________________ (Official capacity of officer) (3) A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution. (4) The notarization of will provisions of this section preempt conflicting provisions in other sections of the Utah Code whether the will was executed prior to or after July 1, 1998.
Utah Code § 75-1-301 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-301
§ 75-1-301. Territorial application.
Status: in_force

Except as otherwise provided in this title, this title applies to: (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state; (2) the property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state; (3) incapacitated persons and minors in this state; (4) survivorship and related accounts in this state; and (5) trusts subject to administration in this state.
Utah Code § 75-2-208 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-208
§ 75-2-208. Exclusions, valuation, and overlapping application.
Status: in_force

(1) The value of any separate property of the decedent or the decedent's surviving spouse is excluded from the augmented estate even if it otherwise would be included in the augmented estate under Sections 75-2-204, 75-2-205, 75-2-206, and 75-2-207. Property is separate property if it was: (a) owned at the date of the most recent marriage of the decedent and the decedent's surviving spouse; (b) acquired by gift or disposition at death from a person other than the decedent or the decedent's surviving spouse; (c) subject to a presently exercisable power of appointment not created by the decedent or the decedent's spouse that is exempt under Section 75-10-502; (d) acquired in exchange for or with the proceeds of other separate property; (e) designated as separate property by written waiver under Section 75-2-213; or (f) acquired as a recovery for personal injury but only to the extent attributable to expenses paid or otherwise satisfied from separate property. (2) Income attributable to investment, rental, licensing or other use of separate property during the most recent marriage of the decedent and the decedent's surviving spouse is separate property. (3) Appreciation in the value of separate property during the most recent marriage of the decedent and the decedent's surviving spouse is separate property. (4) Except as provided in this Subsection (4), any increase in the value of separate property due to improvements to or the reduction in debt owed against separate property during the most recent marriage of the decedent and the decedent's surviving spouse is separate property. An amount equal to any payment for improvements to or the reduction in debt owed against separate property of the decedent made during the most recent marriage of the decedent and the decedent's surviving spouse from the joint or commingled funds of the decedent and the decedent's surviving spouse, or from the separate property of the surviving spouse, shall not be separate property to the extent of the amount actually paid for the improvements or the amount actually paid for the reduction in debt, including principal, interest, and other payments under the note, owed against separate property. The amount that is determined not to be separate property may not exceed the value of the separate property. (5) All property of the decedent or the decedent's surviving spouse, whether or not commingled, is rebuttably presumed not to be separate property. (6) The value of any property is excluded from the decedent's nonprobate transfers to others: (a) to the extent the decedent received adequate and full consideration in money or money's worth for a transfer of the property; or (b) if the property was transferred with the written joinder of, or if the transfer was consented to in writing by, the surviving spouse. (7) The value of property: (a) included in the augmented estate under Section 75-2-205, 75-2-206, or 75-2-207 is reduced in each category by enforceable claims against the included property; and (b) includes the commuted value of any present or future interest and the commuted value of amounts payable under any trust, life insurance settlement option, annuity contract, public or private pension, disability compensation, death benefit or retirement plan, or any similar arrangement, exclusive of the federal Social Security system. (8) In case of overlapping application to the same property of the section or subsections of Section 75-2-205, 75-2-206, or 75-2-207, the property is included in the augmented estate under the provision yielding the greatest value, and under only one overlapping provision if they all yield the same value.
Utah Code § 75-2-512 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-512
§ 75-2-512. Events of independent significance.
Status: in_force

A will may dispose of property by reference to acts and events that have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation of another individual's will is such an event.
Utah Code § 75-5-301.5 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-301.5
§ 75-5-301.5. Rights of a person alleged to be incapacitated -- Rights of an incapacitated person.
Status: in_force

(1) Except as otherwise provided by this chapter or any other law, a person alleged to be incapacitated has the right to: (a) be represented by counsel before a guardianship is imposed and have counsel represent the person during the guardianship proceeding, except as provided in Subsection 75-5-303(6)(e); (b) receive a copy of all documents filed in a guardianship proceeding; (c) have a relative, physician, physician assistant, or any interested person speak about or raise any issue of concern on behalf of the person during the guardianship proceeding; (d) receive information about guardianships from the court; and (e) be treated with respect and dignity. (2) For a guardianship granted before May 7, 2025, the rights of an incapacitated person for whom a guardian is appointed are in accordance with the statutory provisions in effect as of the date that the guardianship was granted, including, as applicable, Subsection 75-5-312(1)(c)(i) unless expressly limited by a court in the order of appointment. (3) Except as otherwise provided by this chapter or any other law, for a guardianship granted on or after May 7, 2025, an incapacitated person for whom a guardian is appointed has the right to: (a) have counsel represent the incapacitated person at any time after the guardian is appointed; (b) have a relative, physician, physician assistant, or any interested person speak about or raise any issue of concern on behalf of the person in any court hearing about the guardianship; (c) receive a copy of all documents filed in court regarding the guardianship; (d) receive information about guardianships from the court; (e) ask questions and express concerns or complaints about a guardian and the actions of a guardian to the court; (f) be granted the greatest degree of freedom possible that is consistent with the reasons for the guardianship; (g) be treated with respect and dignity; (h) be treated fairly by the incapacitated person's guardian; (i) have all services provided by a guardian at a reasonable rate of compensation; (j) have a court review any request for payment by a guardian to avoid excessive or unnecessary fees or duplicative billing; (k) receive prudent financial management of the incapacitated person's property; (l) subject to Subsections 75-5-312(4)(h) and 75-5-417(4), and subject to the exception provided in Subsection 75-5-312(7)(d), receive a copy of an accounting report regarding the incapacitated person's estate that is submitted to the court by the guardian under Section 75-5-312 or the conservator under Section 75-5-417 if a conservator is appointed for the incapacitated person; and (m) ask the court to: (i) review the management activity of a guardian if a dispute cannot be resolved regarding the guardian's management; (ii) continue to review the need for a guardianship or to modify or terminate a guardianship in accordance with Section 75-5-306 and Section 75-5-307; and (iii) enter an order restoring the incapacitated person's capacity at the earliest possible time in accordance with Section 75-5-306 and Section 75-5-307. (4) The court may not waive, suspend, or limit a right described in Subsection (3). (5) Except as otherwise provided by this chapter or any other law, and subject to Subsection (6), for a guardianship granted on or after May 7, 2025, an incapacitated person for whom a guardian is appointed has the right, to the extent practicable, to: (a) participate in developing an individualized plan for the incapacitated person's care, including: (i) managing the incapacitated person's assets and property; (ii) determining the incapacitated person's residence; and (iii) determining the services to be received by the incapacitated person; (b) be given consideration in regards to the incapacitated person's current and previously stated desires, preferences for health care and medical treatment, and religious and moral beliefs; (c) remain as independent as possible, including giving deference to the incapacitated person's preference for the incapacitated person's residence and standard of living: (i) as expressed or demonstrated before a determination of capacity was made; or (ii) as currently expressed or demonstrated by the incapacitated person if the preference is reasonable under the circumstances; (d) be able to exercise control over all aspects of the incapacitated person's life that are not granted to the guardian in an order of appointment of a limited guardianship; (e) maintain privacy and confidentiality in personal matters, to the extent that privacy and confidentiality does not inhibit the ability of the incapacitated person's guardian to fulfill the guardian's responsibilities or perform the guardian's duties; (f) receive telephone calls and personal mail and associate with relatives and acquaintances unless the guardian and the court determine that the association should be restricted or prohibited in accordance with Section 75-5-312.5; (g) receive timely, effective, and appropriate health care and medical treatment that does not violate the incapacitated person's rights; (h) receive an allowance or control a reasonable amount of the incapacitated person's earnings or other income; and (i) collaborate with the incapacitated person's guardian to use appropriate financial tools to maintain a bank account and manage the incapacitated person's personal money. (6) The court may waive or limit a right described in Subsection (5) if: (a) an interested party requests the waiver or limitation; and (b) the court finds, by clear and convincing evidence, that there is a compelling reason for the waiver or limitation. (7) (a) The rights of an incapacitated person under this section do not abrogate any remedy provided by law. (b) This section may not be interpreted in a way that would permit or justify any action that violates a provision in Sections 76-5-111 through 76-5-111.4 or Section 76-5-112.5. (c) Nothing in this section shall be construed to alter or preempt the requirements for protecting health information under the Health Insurance Portability and Accountability Act of 1996, 50 Pub. L. No. 104-191, 110 Stat. 1936, as amended. (8) Any right described in this section may be: (a) addressed in a guardianship proceeding; or (b) enforced through a private cause of action.
Utah Code § 75-2-104 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-104
§ 75-2-104. Requirement of survival by 120 hours -- Individual in gestation.
Status: in_force

(1) For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in Subsection (2), the following rules apply: (a) An individual born before a decedent's death who fails to survive the decedent by 120 hours is considered to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual born before the decedent's death survived the decedent by 120 hours, it is considered that the individual failed to survive for the required period. (b) An individual in gestation at a decedent's death is considered to be living at the decedent's death if the individual lives 120 hours after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived 120 hours after birth, it is considered that the individual failed to survive for the required period. (2) This section does not apply if its application would cause the estate to pass to the state under Section 75-2-105.
Utah Code § 75-2-605 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-605
§ 75-2-605. Increase in securities -- Accessions.
Status: in_force

(1) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types: (a) securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options; (b) securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization; or (c) securities of the same organization acquired as a result of a plan of reinvestment. (2) Distributions in cash before death with respect to a described security are not part of the devise.