Utah Code § 75-1-305 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-305
§ 75-1-305. Records and certified copies.
Status: in_force

(1) The clerk of the court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this title, including petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. (2) Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. (3) Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. (4) Certificates relating to letters must show the date of appointment.
Utah Code § 75-2b-107 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-107
§ 75-2b-107. Purchaser for value or lender.
Status: in_force

(1) If a surviving spouse has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property, takes the purchaser or lender's interest in the property free of any rights of the personal representative or an heir or devisee of the decedent. (2) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser or lender's interest in the property free of any rights of the surviving spouse. (3) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly. (4) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.
Utah Code § 75-5-104 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-104
§ 75-5-104. Power of court to appoint guardian ad litem not affected.
Status: in_force

Nothing contained in this chapter affects or impairs the power of any court to appoint a guardian to represent the interests of any minor interested in any suit or matter pending before it.
Utah Code § 75-3-916 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-916
§ 75-3-916. Apportionment of estate taxes.
Status: in_force

(1) As used in this section: (a) "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state; (b) "Fiduciary" means personal representative, executor, administrator of any description, or trustee; (c) "Person" means any individual, partnership, association, joint stock company, corporation, government, political subdivision, governmental agency, or local governmental agency; (d) "Person interested in the estate" means any person, including a personal representative, conservator, guardian, or trustee entitled to receive, or who has received, from a decedent while alive or by reason of the death of a decedent any property or interest in property included in the decedent's taxable estate; (e) "State" means any state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and (f) "Tax" means the federal estate tax and the inheritance, estate, or other death tax payable to this state and interest and penalties imposed in addition to the tax but specifically does not include the federal generation skipping transfer tax. (2) (a) Unless otherwise provided in the will or other dispositive instrument, the tax shall be apportioned among all persons interested in the estate. (b) The apportionment shall be made in the proportion that the value of the interest of each person interested in the estate bears to the total value of the interests of all persons interested in the estate. (c) The values used in determining the tax shall be used for that purpose. (d) If the decedent's will or other dispositive instrument directs a method of apportionment of tax different from the method described in this title, the method described in the will or other dispositive instrument controls. (3) (a) The court having jurisdiction over the administration of the estate of a decedent shall determine the apportionment of the tax. If there are no probate proceedings, the court of the county in which the decedent was domiciled at death shall determine the apportionment of the tax upon the petition of the person required to pay the tax. (b) If the court finds that it is inequitable to apportion interest and penalties in the manner provided in Subsection (2), because of special circumstances, it may direct the apportionment in the manner it finds equitable. (c) (i) The expenses reasonably incurred by any fiduciary and by other persons interested in the estate concerning the determination of the amount and apportionment of the tax shall be apportioned as provided in Subsection (2) and charged and collected as a part of the tax apportioned. (ii) If the court finds it is inequitable to apportion the expenses as provided in Subsection (2), it may direct the apportionment equitably. (d) If the court finds that the assessment of penalties and interest assessed in relation to the tax is due to delay caused by the negligence of the fiduciary, the court may charge the fiduciary with the amount of the assessed penalties and interest. (e) In any suit or judicial proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this title, the determination of the court in this regard is prima facie correct. (4) (a) (i) The fiduciary or other person required to pay the tax may withhold from any property of the decedent in his possession and distributable to any person interested in the estate, the amount of tax attributable to his interest. (ii) If the property in possession of the fiduciary or other person required to pay the tax and distributable to any person interested in the estate is insufficient to satisfy the proportionate amount of the tax determined to be due from the person, the fiduciary or other person required to pay the tax may recover the deficiency from the person interested in the estate. (iii) If the property is not in the possession of the fiduciary or other person required to pay the tax, the fiduciary or the other person required to pay the tax may recover from any person interested in the estate the amount of the tax apportioned to the person in accordance with this section. (b) If property held by the fiduciary or other person required to pay the tax is distributed prior to final apportionment of the tax, the fiduciary or other person may require the distributee to provide a bond or other security for the apportionment liability in the form and amount prescribed by the fiduciary, with the approval of the court having jurisdiction of the administration of the estate. (5) (a) In making an apportionment, allowances shall be made for any exemptions granted, any classification made of persons interested in the estate, and any deductions and credits allowed by the law imposing the tax. (b) (i) Any exemption or deduction allowed by reason of the relationship of any person to the decedent or by reason of the purposes of the gift inures to the benefit of the person bearing that relationship or receiving the gift. (ii) When an interest is subject to a prior present interest which is not allowable as a deduction, the tax apportionable against the present interest shall be paid from principal. (c) Any deduction for property previously taxed and any credit for gift taxes or death taxes of a foreign country paid by the decedent or his estate inures to the proportionate benefit of all persons liable to apportionment. (d) Any credit for inheritance, succession, or estate taxes or taxes of this nature in respect to property or interests includable in the estate inures to the benefit of the persons or interests chargeable with the payment of the tax to the extent that, or in proportion as, the credit reduces the tax. (e) (i) To the extent that property passing to or in trust for a surviving spouse or child or any charitable, public, or similar gift or bequest does not constitute an allowable deduction for purposes of the tax solely by reason of an inheritance tax or other death tax imposed upon and deductible from the property, the property shall not be included in the computation provided for in Subsection (2), and to that extent no apportionment shall be made against the property. (ii) This does not apply in any instance where the result will be to deprive the estate of a deduction otherwise allowable under Section 2053(d), Internal Revenue Code, relating to deduction for state death taxes on transfers for public, charitable, or religious uses. (6) (a) No interest in income and no estate for years or for life or other temporary interest in any property or fund is subject to apportionment as between the temporary interest and the remainder. (b) The tax on the temporary interest and the tax, if any, on the remainder is chargeable against the corpus of the property or funds subject to the temporary interest and remainder. (7) (a) Neither the fiduciary nor other person required to pay the tax is under any duty to institute any suit or proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person until the expiration of the three months next following final determination of the tax. (b) A fiduciary or other person required to pay the tax who institutes the suit or proceeding within a reasonable time after the three months' period is not subject to any liability or surcharge because any portion of the tax apportioned to any person interested in the estate was collectible at a time following the death of the decedent but thereafter became uncollectible. If the fiduciary or other person required to pay the tax cannot collect from any person interested in the estate the amount of the tax apportioned to the person, the amount not recoverable shall be paid from the residuary estate. (c) To the extent that the residuary estate is not adequate, the balance shall be equitably apportioned among the other persons interested in the estate who are subject to apportionment. (8) (a) Subject to this section, a fiduciary acting in another state or a person required to pay the tax who is domiciled in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax, of an estate tax payable to another state, or of a death duty due by a decedent's estate to another state, from a person interested in the estate who is either domiciled in this state or who owns property in this state subject to attachment or execution. (b) For the purposes of the action the determination of apportionment by the court having jurisdiction of the administration of the decedent's estate in the other state is prima facie correct. (c) The provisions of this section apply only if the state in which the determination of apportionment was made affords a substantially similar remedy. (9) This section does not apply to the apportionment of expenses incurred in connection with the determination of the amount and apportionment of the taxes due on account of the death of decedents dying prior to July 1, 1983.
Utah Code § 75-5-432 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-432
§ 75-5-432. Foreign conservator -- Proof of authority -- Bond -- Powers.
Status: in_force

If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a county in which property belonging to the protected person is located, authenticated copies of his appointment and of any official bond he has given. Thereafter, he may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
Utah Code § 75-2-1405 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1405
§ 75-2-1405. Execution of an electronic will.
Status: in_force

(1) Subject to Subsection 75-2-1408(4) and except as provided in Section 75-2-1406, an electronic will shall be: (a) a record that is readable as text at the time of signing under Subsection (1)(b); (b) signed: (i) by the testator; or (ii) in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (c) signed in the physical or electronic presence of the testator by at least two individuals within a reasonable time after witnessing: (i) the signing of the will under Subsection (1)(b); or (ii) the testator's acknowledgment of the signing of the will under Subsection (1)(b) or the testator's acknowledgment of the will. (2) Intent of a testator that the record under Subsection (1)(a) be the testator's electronic will may be established by extrinsic evidence.
Utah Code § 75-3-106 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-106
§ 75-3-106. Scope of proceedings -- Proceedings independent -- Exception.
Status: in_force

(1) Unless supervised administration as described in Part 5, Supervised Administration, is involved: (a) Each proceeding before the court or registrar is independent of any other proceeding involving the same estate. (b) Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this chapter, no petition is defective because it fails to embrace all matters which might then be the subject of a final order. (c) Proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives. (d) A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
Utah Code § 75-5-427 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-427
§ 75-5-427. Preservation of estate plan.
Status: in_force

In investing the estate, and in selecting assets of the estate for distribution under Subsections 75-5-425(1) and (2), in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the conservator and the court should take into account any known estate plan of the protected person, including his will, any revocable trust of which he is settlor, and any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at his death to another or others which he may have originated. The conservator may examine the will of the protected person.
Utah Code § 75-5b-102 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-102
§ 75-5b-102. Definitions.
Status: in_force

As used in this chapter: (1) "Adult" means an individual who has attained 18 years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under Title 75, Chapter 5, Part 4, Protection of Property of Persons Under Disability and Minors. (3) "Emergency" means circumstances that likely will result in substantial harm to a respondent's health, safety, or welfare, and in which the appointment of a guardian is necessary because no other person has authority to and is willing to act on the respondent's behalf. (4) "Guardianship order" means an order appointing a guardian. (5) "Guardianship proceeding" means a proceeding in which an order for the appointment of a guardian is sought or has been issued. (6) "Home state" means the state in which the respondent was physically present for at least six consecutive months immediately before the filing of a petition for the appointment of a guardian or protective order. A period of temporary absence counts as part of the six-month period. (7) "Incapacitated person" means an adult for whom a guardian has been appointed. (8) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding. (9) "Person," except in the terms "incapacitated person" or "protected person," means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity. (10) "Protected person" means an adult for whom a protective order has been made. (11) "Protective order" means an order appointing a conservator or another court order related to management of an adult's property. (12) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued. (13) "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. (14) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought. (15) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (16) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
Utah Code § 75-6-106 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-106
§ 75-6-106. Accounts and transfers nontestamentary.
Status: in_force

Any transfers resulting from the application of Section 75-6-104 are effective by reason of the account contracts involved and this statute and are not to be considered as testamentary or subject to Chapter 1, General Provisions, Definitions, and Probate Jurisdiction of Court, Chapter 2, Intestate Succession and Wills, Chapter 3, Probate of Wills and Administration, and Chapter 4, Foreign Personal Representatives - Ancillary Administration, except as provided in Sections 75-2-201 through 75-2-214, and except as a consequence of, and to the extent directed by, Sections 75-6-107 and 75-3-916.
Utah Code § 75-13-102 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-102
§ 75-13-102. Construction.
Status: in_force

This chapter shall be construed and applied to: (1) facilitate electronic estate planning documents and signatures consistent with other law; and (2) be consistent with reasonable practices concerning electronic documents and signatures and continued expansion of those practices.
Utah Code § 75-3-802 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-802
§ 75-3-802. Statutes of limitations.
Status: in_force

Unless an estate is insolvent the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. The running of any statute of limitations measured from some other event than death and advertisement for claims against a decedent is suspended during the three months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations, the proper presentation of a claim under Section 75-3-804 is equivalent to commencement of a proceeding on the claim.
Utah Code § 75-5-429 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-429
§ 75-5-429. Individual liability of conservator.
Status: in_force

(1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract. (2) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if he is personally at fault. (3) Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor. (4) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.
Utah Code § 75-3-601 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-601
§ 75-3-601. Qualification.
Status: in_force

Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.
Utah Code § 75-3-709 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-709
§ 75-3-709. Power to avoid transfers.
Status: in_force

The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative. The personal representative is not required to institute such an action unless requested by creditors who must pay or secure the cost and expenses of litigation.
Utah Code § 75-3-915 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-915
§ 75-3-915. Distribution to person under disability.
Status: in_force

A personal representative may discharge the personal representative's obligation to distribute to any person under legal disability by distributing to the person's conservator, or any other person authorized by this title or otherwise to give a valid receipt and discharge for the distribution.
Utah Code § 75-2-206 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-206
§ 75-2-206. Decedent's nonprobate transfers to the surviving spouse.
Status: in_force

Excluding property passing to the surviving spouse under the federal Social Security system, any death benefits paid to the surviving spouse under any state workers' compensation law, and property excluded under Section 75-2-208, the value of the augmented estate includes the value of the decedent's nonprobate transfers to the decedent's surviving spouse, which consist of all property that passed outside probate at the decedent's death from the decedent to the surviving spouse by reason of the decedent's death, including: (1) the decedent's fractional interest in property held as a joint tenant with the right of survivorship, to the extent that the decedent's fractional interest passed to the surviving spouse as surviving joint tenant; (2) the decedent's ownership interest in property or accounts held in co-ownership registration with the right of survivorship, to the extent the decedent's ownership interest passed to the surviving spouse as surviving co-owner; and (3) all other property that would have been included in the augmented estate under Subsection 75-2-205(1) or (2) had it passed to or for the benefit of a person other than the decedent's spouse, surviving spouse, the decedent, or the decedent's creditors, estate, or estate creditors.
Utah Code § 75-3-701 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-701
§ 75-3-701. Time of accrual of duties and powers.
Status: in_force

The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to his body, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
Utah Code § 75-3-414 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-414
§ 75-3-414. Formal proceedings concerning appointment of personal representative.
Status: in_force

(1) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by Section 75-3-402, as well as by this section. In other cases, the petition shall contain or adopt the statements required by Subsection 75-3-301(2) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise. (2) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under Section 75-3-203, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under Section 75-3-611.
Utah Code § 75-3-410 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-410
§ 75-3-410. Formal testacy proceedings -- Probate of more than one instrument.
Status: in_force

If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of Section 75-3-412.
Utah Code § 75-5-408 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-408
§ 75-5-408. Permissible court orders.
Status: in_force

(1) The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: (a) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice to others, the court has power to preserve and apply the property of the person to be protected as may be required for the person's benefit or the benefit of the person's dependents. (b) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court has all those powers over the estate and affairs of the minor which are or might be necessary for the best interests of the minor, the minor's family, and the members of the minor's household. (c) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the person and members of the person's household, all the powers over the person's estate and affairs that the person could exercise if present and not under disability, except the power to make a will. These powers include the power to: (i) make gifts; (ii) convey or release the person's contingent and expectant interests in property including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety; (iii) exercise or release the person's powers as personal representative, custodian for minors, conservator, or donee of a power of appointment; (iv) enter into contracts; (v) create revocable or irrevocable trusts of property of the estate that may extend beyond the person's disability or life; (vi) exercise options of the person with a disability to purchase securities or other property; (vii) exercise the person's rights to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value; (viii) exercise the person's right to an elective share in the estate of the person's deceased spouse; and (ix) renounce any interest by testate or intestate succession or by inter vivos transfer. (d) The court may exercise, or direct the exercise of, its authority to exercise or release powers of appointment of which the protected person is donee, to renounce interests, to make gifts in trust or otherwise exceeding 20% of any year's income of the estate, or to change beneficiaries under insurance and annuity policies, only if satisfied, after notice and hearing, that it is in the best interests of the protected person, and that the person either is incapable of consenting or has consented to the proposed exercise of power. (2) An order made pursuant to this section determining that a basis for appointment of a conservator or other protective order exists has no effect on the capacity of the protected person. (3) If the court elects to appoint a conservator under Subsection (1), the court may appoint a temporary conservator to serve until further order of the court. A temporary conservator, if appointed, has all of the powers and duties of a conservator as set forth in Sections 75-5-417, 75-5-418, 75-5-419, and 75-5-424.
Utah Code § 75-3-1008 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1008
§ 75-3-1008. Subsequent administration.
Status: in_force

(1) If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently-discovered estate. (2) If a new appointment is made, unless the court orders otherwise, the provisions of this title apply as appropriate but no claim previously barred may be asserted in the subsequent administration.
Utah Code § 75-6-202 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-202
§ 75-6-202. Direction to pay taxes in trust or other dispositive instrument.
Status: in_force

A general direction in a trust or other dispositive instrument to pay all taxes imposed as a result of a decedent'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 1954 (or any successor or amended section of similar content) unless the trustor of the trust or creator of the other dispositive instrument shall express an intention that these taxes be paid out of the property which is subject to the trust or other dispositive instrument by reference to the generation skipping tax or otherwise.
Utah Code § 75-2-209 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-209
§ 75-2-209. Sources from which elective share payable -- Elective share amount -- Unsatisfied balance.
Status: in_force

(1) In a proceeding for an elective share, the following are applied first to satisfy the elective-share amount and to reduce or eliminate any contributions due from the decedent's probate estate and recipients of the decedent's nonprobate transfers to others: (a) amounts included in the augmented estate under Section 75-2-204 that pass or have passed to the surviving spouse by testate or intestate succession and amounts included in the augmented estate under Section 75-2-206; (b) amounts included in the augmented estate under Section 75-2-207; (c) the value at the decedent's death of the decedent's separate property, as defined in Section 75-2-208, that passes or has passed from the decedent to the decedent's surviving spouse by reason of the decedent's death, whether by testate or intestate succession or by nonprobate transfer at the decedent's death; and (d) the surviving spouse's homestead allowance, exempt property, and family allowance, if any. (2) If, after the application of Subsection (1), the elective-share amount is not fully satisfied or the surviving spouse is entitled to a supplemental elective-share amount, amounts included in the decedent's probate estate and in the decedent's nonprobate transfers to others, other than amounts included under Subsection 75-2-205(3)(a) or (c), are applied first to satisfy the unsatisfied balance of the elective-share amount or the supplemental elective-share amount. The decedent's probate estate and that portion of the decedent's nonprobate transfers to others are so applied that liability for the unsatisfied balance of the elective-share amount or for the supplemental elective-share amount is equitably apportioned among the recipients of the decedent's probate estate and of that portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein. (3) If, after the application of Subsections (1) and (2), the elective-share or supplemental elective-share amount is not fully satisfied, the remaining portion of the decedent's nonprobate transfers to others is so applied that liability for the unsatisfied balance of the elective-share or supplemental elective-share amount is equitably apportioned among the recipients of the remaining portion of the decedent's nonprobate transfers to others in proportion to the value of their interests therein.
Utah Code § 75-2-707 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-707
§ 75-2-707. Definitions -- Survivorship with respect to future interests under terms of trust -- Substitute takers.
Status: in_force

(1) As used in this section: (a) "Alternative future interest" means an expressly created future interest that can take effect in possession or enjoyment instead of another future interest on the happening of one or more events, including survival of an event or failure to survive an event, whether an event is expressed in condition-precedent, condition-subsequent, or any other form. A residuary clause in a will does not create an alternative future interest with respect to a future interest created in a nonresiduary devise in the will, whether or not the will specifically provides that lapsed or failed devises are to pass under the residuary clause. (b) "Beneficiary" means the beneficiary of a future interest and includes a class member if the future interest is in the form of a class gift. (c) "Class member" includes an individual who fails to survive the distribution date but who would have taken under a future interest in the form of a class gift had he survived the distribution date. (d) "Distribution date" with respect to a future interest, means the time when the future 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. (e) "Future interest" includes an alternative future interest and a future interest in the form of a class gift. (f) "Future interest under the terms of a trust" means a future interest that was created by a transfer creating a trust or to an existing trust or by an exercise of a power of appointment to an existing trust, directing the continuance of an existing trust, designating a beneficiary of an existing trust, or creating a trust. (g) "Surviving beneficiary" or "surviving descendant" means a beneficiary or a descendant who neither predeceased the distribution date nor is considered to have predeceased the distribution date under Section 75-2-702. (2) A future interest under the terms of a trust is contingent on the beneficiary's surviving the distribution date. If a beneficiary of a future interest under the terms of a trust fails to survive the distribution date, the following apply: (a) Except as provided in Subsection (2)(d), if the future interest is not in the form of a class gift and the deceased beneficiary leaves surviving descendants, a substitute gift is created in the beneficiary's surviving descendants. They take per capita at each generation the property to which the beneficiary would have been entitled had the beneficiary survived the distribution date. (b) Except as provided in Subsection (2)(d), if the future interest is in the form of a class gift, other than a future interest 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 descendants of any deceased beneficiary. The property to which the beneficiaries would have been entitled had all of them survived the distribution date passes to the surviving beneficiaries and the surviving descendants of the deceased beneficiaries. Each surviving beneficiary takes the share to which he would have been entitled had the deceased beneficiaries survived the distribution date. Each deceased beneficiary's surviving descendants who are substituted for the deceased beneficiary take per capita at each generation the share to which the deceased beneficiary would have been entitled had the deceased beneficiary survived the distribution date. For the purposes of this subsection, "deceased beneficiary" means a class member who failed to survive the distribution date and left one or more surviving descendants. (c) For the purposes of Section 75-2-701, words of survivorship attached to a future interest are, in the absence of clear and convincing evidence, a sufficient indication of an intent contrary to the application of this section. Words of survivorship include words of survivorship that relate to the distribution date or to an earlier or an unspecified time, whether those words of survivorship are expressed in condition-precedent, condition-subsequent, or any other form. (d) If a governing instrument creates an alternative future interest with respect to a future interest for which a substitute gift is created by Subsection (2)(a) or (b), the substitute gift is superseded by the alternative future interest only if an expressly designated beneficiary of the alternative future interest is entitled to take in possession or enjoyment. (3) If, after the application of this section, there is no surviving taker, the property passes in the following order: (a) if the trust was created in a nonresiduary devise in the transferor's will or in a codicil to the transferor's will, the property passes under the residuary clause in the transferor's will; for purposes of this section, the residuary clause is treated as creating a future interest under the terms of a trust; and (b) if no taker is produced by the application of Subsection (3)(a), the property passes to the transferor's heirs under Section 75-2-711.
Utah Code § 75-6-407 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-407
§ 75-6-407. Transfer on death deed nontestamentary.
Status: in_force

A transfer on death deed is nontestamentary.
Utah Code § 75-2-1409 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1409
§ 75-2-1409. Certification of paper copy.
Status: in_force

(1) An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. (2) If the electronic will is made self-proving, the certified paper copy of the will shall include the self-proving affidavits.
Utah Code § 75-3-607 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-607
§ 75-3-607. Order restraining personal representative.
Status: in_force

(1) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties. (2) The matter shall be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition. (3) Upon petition made by any guardian, conservator, protected person, ward, creditor, or other person interested in the estate as an heir, devisee or otherwise, against any person suspected of having concealed, embezzled, or smuggled, laid away or disposed of any money, goods, or chattels of the decedent or to have in his possession or subject to his knowledge, any deeds, conveyances, bonds, contracts, or other writings, or any personal estate, or any other claim or demand or any last will of the decedent, the court may cite the suspected person to appear before it and may examine and proceed with him on the charge; and if on such examination it appears that he has wrongful possession of any such items, the court may order the delivery of the same to the personal representative, guardian, or conservator.
Utah Code § 75-3-703 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-703
§ 75-3-703. General duties -- Relation and liability to persons interested in estate -- Standing to sue.
Status: in_force

(1) (a) A personal representative is a fiduciary who shall observe the standard of care applicable to trustees as described by Section 75B-2-902. (b) A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this title and as expeditiously and efficiently as is consistent with the best interests of the estate. (c) A personal representative shall use the authority conferred upon the personal representative by this title, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate. (2) (a) A personal representative may not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. (b) Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to the terms of the will. (c) An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning his appointment or fitness to continue, or a supervised administration proceeding. (d) Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children, and any pretermitted child of the decedent as described elsewhere in this title. (3) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at the decedent's death has the same standing to sue and be sued in the courts of this state and courts of any other jurisdiction as the decedent had immediately prior to death.
Utah Code § 75-3-310 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-310
§ 75-3-310. Informal appointment proceedings -- Notice requirements.
Status: in_force

(1) The moving party must give notice as described by Section 75-1-401 of his intention to seek an appointment informally: (a) To any person demanding it pursuant to Section 75-3-204. (b) To any person having a prior or equal right to appointment not waived in writing and filed with the court. (2) Upon receipt of an application for an informal appointment the clerk shall give written notice of the application to the heirs and devisees who have not waived notice. The notice shall include the name and address of the person whose appointment is sought, the name and location of the court in which the application was filed, the date on which the application was filed, and a statement to the effect that the appointment will be made after the elapse of 10 days from the date of the notice. The notice shall be delivered or sent by ordinary mail to each of the heirs and devisees at his address as shown on the application. The failure of an heir or devisee to object to the appointment within the prescribed period of time shall not affect his right to petition the court to set the appointment aside under Section 75-3-414.
Utah Code § 75-5-428 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-428
§ 75-5-428. Claims against protected person -- Enforcement.
Status: in_force

(1) A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods: (a) The claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed. (b) The claimant may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court and deliver or mail a copy of the statement to the conservator. A claim is considered presented on the first to occur of receipt of the written statement of claim by the conservator, or the filing of the claim with the court. (2) A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant within 60 days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim until 30 days after its disallowance. (3) A claimant whose claim has not been paid may petition the court for determination of his claim at any time before it is barred by the applicable statute of limitation, and, upon due proof, procure an order for its allowance and payment from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party must give notice of the proceeding to the conservator if the outcome is to constitute a claim against the estate. (4) If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, preference is to be given to prior claims for the care, maintenance, and education of the protected person or his dependents and existing claims for expenses of administration.
Utah Code § 75-2-1410 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1410
§ 75-2-1410. Uniformity of application and construction.
Status: in_force

In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of this uniform act among states that enact this uniform act.
Utah Code § 75-2-601 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-601
§ 75-2-601. 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 will.
Utah Code § 75-5-212 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-212
§ 75-5-212. Resignation or removal proceedings.
Status: in_force

(1) Any person interested in the welfare of a ward, or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian. (2) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate. (3) If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 or more years of age.
Utah Code § 75-6-108 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-108
§ 75-6-108. Financial institution protection -- Payment on signature of one party.
Status: in_force

Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request, to any one or more of the parties. A financial institution shall not be required to inquire as to the source of funds received for deposit to a multiple-party account, or to inquire as to the proposed application of any sum withdrawn from an account, for purposes of establishing net contributions.
Utah Code § 75-3-617 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-617
§ 75-3-617. Special administrator -- Formal proceedings -- Power and duties.
Status: in_force

A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts, or on other terms as the court may direct.
Utah Code § 75-5-202 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-202
§ 75-5-202. Appointment of guardian of minor.
Status: in_force

(1) The parent of a minor may appoint a guardian of an unemancipated minor by will, as provided in this section, or by other written instrument as provided in Section 75-5-202.5. (2) Subject to the rights of the minor and others under Section 75-5-203, an appointment by will or written instrument becomes effective upon filing the guardian's acceptance in the court in which the will is probated or the document is filed, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. (3) If both parents are dead, an effective appointment by the parent who died later has priority. (4) This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile. (5) Upon acceptance of appointment, written notice of acceptance shall be given by the guardian to the minor and to the person having his care, or to his nearest adult relative.
Utah Code § 75-5-431 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-431
§ 75-5-431. Payment of debt and delivery of property to foreign conservator without local proceedings.
Status: in_force

(1) Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person, may pay or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating: (a) That no protective proceeding relating to the protected person is pending in this state; and (b) That the foreign conservator is entitled to payment or to receive delivery. (2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
Utah Code § 75-13-201 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-201
§ 75-13-201. Scope.
Status: in_force

(1) Except as provided in Subsection (2), this part applies to an electronic non-testamentary estate planning document and an electronic signature on a non-testamentary estate planning document. (2) This part does not apply to a non-testamentary estate planning document if the document precludes use of an electronic record or electronic signature. (3) This part does not affect the validity of an electronic record or electronic signature that is valid under: (a) Title 46, Chapter 4, Uniform Electronic Transactions Act; or (b) Chapter 2, Part 14, Uniform Electronic Wills Act.
Utah Code § 75-2-106 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-106
§ 75-2-106. Definitions -- Per capita at each generation -- Terms in governing instruments.
Status: in_force

(1) As used in this section: (a) "Deceased descendant," "deceased parent," or "deceased grandparent" means a descendant, parent, or grandparent who either predeceased the decedent or is considered to have predeceased the decedent under Section 75-2-104. (b) "Surviving descendant" means a descendant who neither predeceased the decedent nor is considered to have predeceased the decedent under Section 75-2-104. (2) (a) If, under Subsection 75-2-103(1)(a), a decedent's intestate estate or a part thereof passes "per capita at each generation" to the decedent's descendants, the estate or part thereof is divided into as many equal shares as there are: (i) surviving descendants in the generation nearest to the decedent which contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left surviving descendants, if any. (b) Each surviving descendant in the nearest generation is allocated one share. (c) The remaining shares, if any, are combined and then divided in the same 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 decedent. (3) (a) If, under Subsection 75-2-103(1)(c) or (d), a decedent's intestate estate or a part thereof passes "per capita at each generation" to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are: (i) surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left surviving descendants, if any. (b) Each surviving descendant in the nearest generation is allocated one share. (c) The remaining shares, if any, are combined and then divided in the same 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 decedent. (4) (a) If, under Subsection 75-2-103(1)(e), a decedent's intestate estate or a part of the estate passes "per capita at each generation" to the descendants of the decedent's deceased spouse, the estate or part of the estate is divided into as many equal shares as there are: (i) surviving descendants in the generation nearest the deceased spouse that contains one or more surviving descendants; and (ii) deceased descendants in the same generation who left surviving descendants, if any. (b) Each surviving descendant in the nearest generation is allocated one share. (c) The remaining shares, if any, are combined and then divided in the same 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 decedent. (5) Any reference to this section found in a governing instrument for the definitions of "per capita," "per stirpes," "by representation," "share and share alike," "to the survivor of them," or "by right of representation" shall be considered a reference to Section 75-2-709.
Utah Code § 75-2-607 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-607
§ 75-2-607. Nonexoneration.
Status: in_force

A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Utah Code § 75-5-304 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-304
§ 75-5-304. Findings -- Limited guardianship preferred -- Order of appointment.
Status: in_force

(1) The court may appoint a guardian as requested if the court finds, by clear and convincing evidence, that: (a) the person for whom a guardian is sought is incapacitated; and (b) the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person. (2) (a) (i) The court shall prefer a limited guardianship and may only grant a full guardianship if no other alternative exists. (ii) If the court does not grant a limited guardianship, a specific finding shall be made that nothing less than a full guardianship is adequate. (b) (i) An order of appointment of a limited guardianship shall state the limitations of the guardianship. (ii) Letters of guardianship for a limited guardianship shall state the limitations of the guardianship unless the court determines for good cause shown that a limitation should not be listed in the letters. (3) (a) Except as provided in Subsection (3)(b), a guardian appointed by will or written instrument, under Section 75-5-301, whose appointment has not been prevented or nullified under Subsection 75-5-301(4), has priority over any guardian who may be appointed by the court. (b) Upon a finding that the testamentary or instrumental guardian has failed to accept the appointment within 30 days after notice of the guardianship proceeding, the court may: (i) dismiss the proceeding; or (ii) enter any other appropriate order. (4) If the court grants a guardian with the power to make or assist with health care decisions for an incapacitated person, the court shall include in the order of appointment the name of any interested person for whom the guardian must notify of any significant health care or treatment received by the incapacitated person.
Utah Code § 75-6-101 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-101
§ 75-6-101. Definitions.
Status: in_force

As used in this part: (1) "Account" means a contract of deposit of funds between a depositor and a financial institution and includes: (a) a checking account; (b) a savings account; (c) a certificate of deposit; (d) a share account; and (e) other like arrangement. (2) "Beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee. (3) "Financial institution" means any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation: (a) banks; (b) trust companies; (c) industrial banks; (d) savings banks; (e) building and loan associations; (f) savings and loan companies or associations; and (g) credit unions. (4) "Joint account" means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship. (5) (a) "Multiple-party account" means any of the following types of account: (i) a joint account; (ii) a P.O.D. account; or (iii) a trust account. (b) "Multiple-party account" does not include: (i) accounts established for deposit of funds of a partnership, joint venture, or other association for business purposes; or (ii) accounts controlled by one or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization, or a regular fiduciary or trust account where the relationship is established other than by deposit agreement. (6) (a) "Net contribution" of a party to a joint account as of any given time is the sum of all deposits to it made by or for the party, less all withdrawals made by or for the party which have not been paid to or applied to the use of any other party, plus a pro rata share of any interest or dividends included in the current balance. (b) "Net contribution" includes, in addition, any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question. (7) (a) "Party" means a person, including a minor, who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account. (b) A P.O.D. payee or beneficiary of a trust account is a party only after the account becomes payable to him by reason of his surviving the original payee or trustee and includes a guardian, conservator, personal representative, or assignee, including an attaching creditor, of a party. (c) "Party" includes a person identified as a trustee of an account for another whether or not a beneficiary is named. (d) "Party" does not include any named beneficiary unless the named beneficiary has a present right of withdrawal. (8) "Payment" of sums on deposit includes withdrawal, payment on check or other directive of a party, and any pledge of sums on deposit by a party and any setoff, reduction, or other disposition of all or part of an account pursuant to a pledge. (9) "Proof of death" includes a death certificate or record or report which is prima facie proof of death under Section 75-1-107. (10) "P.O.D. account" means an account payable on request to one person during lifetime and on that person's death to: (a) one or more P.O.D. payees; or (b) one or more persons during their lifetimes and on the death of all of them to one or more P.O.D. payees. (11) "P.O.D. payee" means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons. (12) "Request" means a proper request for withdrawal, or a check or order for payment, which complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution; but if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal. (13) "Sums on deposit" means the balance payable on a multiple-party account, including interest, dividends, and in addition any deposit life insurance proceeds added to the account by reason of the death of a party. (14) (a) "Trust account" means an account in the name of one or more parties as trustee for one or more beneficiaries where the relationship is established by the form of the account and the deposit agreement with the financial institution and there is no subject of the trust other than the sums on deposit in the account; and it is not essential that payment to the beneficiary be mentioned in the deposit agreement. (b) A trust account does not include a regular trust account under a testamentary trust or a trust agreement which has significance apart from the account, or a fiduciary account arising from a fiduciary relation such as attorney-client. (15) "Withdrawal" includes payment to a third person pursuant to check or other directive of a party.
Utah Code § 75-3-202 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-202
§ 75-3-202. Appointment or testacy proceedings -- Conflicting claim of domicile in another state.
Status: in_force

If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the formal testacy or appointment proceeding in this state.
Utah Code § 75-5-404 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-404
§ 75-5-404. Original petition for appointment or protective order.
Status: in_force

(1) The person to be protected, any person who is interested in his estate, affairs, or welfare, including his parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of his property and affairs may petition for the appointment of a conservator or for other appropriate protective order. (2) The petition shall set forth to the extent known, the interest of the petitioner; the name, age, residence, and address of the person to be protected; the name and address of his guardian, if any; the name and address of his nearest relative known to the petitioner; a general statement of his property with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which he is entitled; and the reason why appointment of a conservator or other protective order is necessary. If the appointment of a conservator is requested, the petition also shall set forth the name and address of the person whose appointment is sought and the basis of his priority for appointment.
Utah Code § 75-5-406 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-406
§ 75-5-406. Protective proceedings -- Request for notice -- Interested person.
Status: in_force

Any interested person who desires to be notified before any order is made in a protective proceeding may file with the registrar a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and his address, or that of his attorney, and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.
Utah Code § 75-3-104.5 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-104.5
§ 75-3-104.5. Notice to state agencies.
Status: in_force

Within 30 days after the day on which a person files an application or a petition for probate under this chapter, the court shall: (1) if the decedent was at least 18 years old, provide notice of the application or petition to the Office of State Debt Collection created in Section 63A-3-502; and (2) if the decedent was at least 55 years old, provide notice of the application or petition to the Office of Recovery Services created in Section 26B-9-103 for purposes of presentation or enforcement of a lien or claim under Section 26B-3-1013.
Utah Code § 75-3-602 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-602
§ 75-3-602. Acceptance of appointment -- Consent to jurisdiction.
Status: in_force

By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to him by ordinary first-class mail at his address as listed in the application or petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
Utah Code § 75-2-1208 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1208
§ 75-2-1208. Rule against perpetuities does not apply.
Status: in_force

The common law rule against perpetuities does not apply in this state.
Utah Code § 75-5-607 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-607
§ 75-5-607. Appointment of physician, psychologist, physician assistant, or court visitor.
Status: in_force

(1) (a) The court may appoint a physician, a psychologist, or a physician assistant to examine the respondent. (b) If the court appoints a physician. a psychologist, or a physician assistant under Subsection (1)(a), the physician, psychologist, or physician assistant shall submit a report in writing to the court. (2) The court may appoint a court visitor to: (a) interview the individual seeking appointment as guardian of the respondent; (b) visit the present place of abode of the respondent and the place proposed where the respondent will be detained or reside if a guardian is appointed; or (c) conduct other investigations or observations as directed by the court.
Utah Code § 75-2-515 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-515
§ 75-2-515. Penalty clause for contest.
Status: in_force

A provision in a will purporting to penalize an 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 § 75-6-301 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-301
§ 75-6-301. Title.
Status: in_force

This part shall be known as the "Uniform Transfer on Death Security Registration Act."
Utah Code § 75-3-907 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-907
§ 75-3-907. Distribution in kind -- Evidence.
Status: in_force

If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.
Utah Code § 75-3-816 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-816
§ 75-3-816. Final distribution to domiciliary representative.
Status: in_force

(1) The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless: (a) By virtue of the decedent's will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent's domicile; (b) The personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or (c) The court orders otherwise in a proceeding for a closing order under Section 75-3-1001 or incident to the closing of a supervised administration. (2) In other cases, distribution of the estate of a decedent shall be made in accordance with the other parts of this chapter.
Utah Code § 75-5-202.5 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-202.5
§ 75-5-202.5. Appointment of guardian by written instrument.
Status: in_force

(1) The parent of an unemancipated minor may appoint a guardian by written instrument designating the guardian. An appointment by written instrument becomes effective where: (a) the written instrument is filed with the petition for appointment of guardian in the court having probate jurisdiction in the county of residence of the last parent to die, if death occurred in the state, and otherwise in the court having probate jurisdiction in the county in which the minor resides in the state; and (b) the person appointed as guardian filed in the court having jurisdiction an affidavit of acceptance which states: (i) the name, address, and age, or birthday if known, of the minor; (ii) the name, address, and telephone number of the appointee-guardian; (iii) the names of the parents of the minor and that both are dead or that any surviving parent has been adjudged incapacitated; (iv) the name of the parent who was last to die and the county where that parent resided at the date of his death; (v) that the appointee-guardian knows of no other appointment of a guardian which supersedes the appointment by written instrument; (vi) that the appointee-guardian accepts the appointment. (2) The latest document appointing a guardian, whether will or written instrument, which is executed by the last parent to die has priority. (3) Upon acceptance of an appointment, written notice of acceptance shall be given by the guardian to the minor, if he is 14 years of age or older, and to the person having his care or to his nearest adult relative. (4) For purposes of this chapter, "instrumental" refers to a written instrument as described in this section.
Utah Code § 75-5b-204 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-204
§ 75-5b-204. Exclusive and continuing jurisdiction.
Status: in_force

Except as otherwise provided in Section 75-5b-203, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Utah Code § 75-3-1203 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1203
§ 75-3-1203. Small estates -- Summary administrative procedure.
Status: in_force

If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, the personal representative, without giving notice to creditors, may immediately disburse and distribute the estate to the persons entitled thereto and file a closing statement as provided in Section 75-3-1204.
Utah Code § 75-3-408 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-408
§ 75-3-408. Formal testacy proceedings -- Will construction -- Effect of final order in another jurisdiction.
Status: in_force

A final order of a court of another state determining testacy, the validity, or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made.
Utah Code § 75-5-101.5 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-101.5
§ 75-5-101.5. Jurisdiction of subject matter -- Consolidation of proceedings.
Status: in_force

(1) A court has jurisdiction over protective proceedings and guardianship proceedings in accordance with Chapter 5b, Uniform and Adult Guardianship and Protective Proceedings Jurisdiction Act, and Title 78A, Judiciary and Judicial Administration. (2) When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
Utah Code § 75-6-306 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-306
§ 75-6-306. Form of registration in beneficiary form.
Status: in_force

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.
Utah Code § 75-6-111 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-111
§ 75-6-111. Financial institution protection -- Payment of trust account.
Status: in_force

Any trust account may be paid, on request, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon his surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as trustee or beneficiary. Payment may be made, on request, to the beneficiary upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees.
Utah Code § 75-3-809 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-809
§ 75-3-809. Secured claims.
Status: in_force

Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; but otherwise payment is upon the basis of one of the following: (1) If the creditor exhausts his security before receiving payment (unless precluded by other law) upon the amount of the claim allowed less the fair value of the security; or (2) If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise, or litigation.
Utah Code § 75-3-713 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-713
§ 75-3-713. Persons dealing with personal representative -- Protection.
Status: in_force

A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in Section 75-3-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. 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 § 75-13-206 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-206
§ 75-13-206. Notarization and acknowledgment.
Status: in_force

If other law of this state requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied with respect to an electronic non-testamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under the other law.
Utah Code § 75-5-419 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-419
§ 75-5-419. Accounts.
Status: in_force

(1) Every conservator must account to the court for the administration of the estate upon resignation or removal and at any other times the court may direct. (2) On termination of the protected person's minority or disability, a conservator may account to the court, the former protected person, or the personal representative of the protected person. (3) Subject to appeal or vacation within the time permitted, an order, made upon notice and hearing, allowing an intermediate account of a conservator, adjudicates as to any liabilities concerning the matters considered in connection with the protected person's account, and an order, made upon notice and hearing, allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship. (4) In connection with any account, the court may require a conservator to submit to a physical check of the estate in the conservator's control, to be made in any manner the court may specify.
Utah Code § 75-2-301 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-301
§ 75-2-301. Entitlement of spouse -- Premarital will.
Status: in_force

(1) If a testator's surviving spouse married the testator after the testator executed his will, the surviving spouse is entitled to receive, as an intestate share, no less than the value of the share of the estate he would have received if the testator had died intestate as to that portion of the testator's estate, if any, that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of such a child or passes under Section 75-2-603 or 75-2-604 to such a child or to a descendant of such a child, unless: (a) it appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse; (b) the will expresses the intention that it is to be effective notwithstanding any subsequent marriage; or (c) the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence. (2) In satisfying the share provided by this section, devises made by the will to the testator's surviving spouse, if any, are applied first, and other devises, other than a devise to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or a devise or substitute gift under Section 75-2-603 or 75-2-604 to a descendant of such a child, abate as provided in Section 75-3-902.
Utah Code § 75-3-609 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-609
§ 75-3-609. Termination of appointment -- Death or disability.
Status: in_force

The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection, and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification.
Utah Code § 75-2-1209 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1209
§ 75-2-1209. Real estate conveyed to a trust under the Statutory Rule Against Perpetuities.
Status: in_force

On or after the effective date, when title to real property is granted to the trustee of a trust governed by Title 75, Chapter 2, Part 12, Statutory Rule Against Perpetuities, the terms of the trust, provisions regarding the appointment of successor trustees, and the names and addresses of successor trustees must be disclosed in accordance with Section 75B-2-816.
Utah Code § 75-5-601 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-601
§ 75-5-601. Definitions for part.
Status: in_force

As used in this part: (1) (a) "Individual with a severe intellectual disability" means an adult who: (i) has lifelong functional limitations to the extent that the adult is incapacitated; and (ii) has received a diagnosis from a physician or psychologist of a severe intellectual disability that has existed since the adult was a minor. (b) "Individual with a severe intellectual disability" does not include an adult who had capacity at one time or may regain capacity. (2) "Petitioner" means the person who brings a petition for guardianship under this part. (3) "Physician" means an individual: (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. (4) "Psychologist" means an individual licensed under Title 58, Chapter 61, Psychologist Licensing Act, to engage in the practice of psychology as defined in Section 58-61-102. (5) "Remotely" means a participant will appear by video conference or other electronic means approved by the court. (6) "Respondent" means the adult who is alleged to be an individual with a severe intellectual disability.
Utah Code § 75-5-311 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-311
§ 75-5-311. Who may be guardian -- Priorities.
Status: in_force

(1) (a) The court shall appoint a guardian in accordance with the incapacitated person's most recent nomination, unless that person is disqualified or the court finds other good cause why the person should not serve as guardian. (b) That nomination shall have been made prior to the person's incapacity, shall be in writing and shall be signed by the person making the nomination. (c) The nomination shall be in substantially the following form:Nomination of Guardian by an AdultI, (Name), being of sound mind and not acting under duress, fraud, or other undue influence, do hereby nominate (Name, current residence, and relationship, if any, of the nominee) to serve as my guardian in the event that after the date of this instrument I become incapacitated.Executed at ____________________________ (city, state)on this ____________ day of __________________________________________________(Signature) (2) Except as provided in Subsection (1), persons who are not disqualified have priority for appointment as guardian in the following order: (a) a person who has been nominated by the incapacitated person, by any means other than that described in Subsection (1), if the incapacitated person was 14 years old or older when the nomination was executed and, in the opinion of the court, that person acted with sufficient mental capacity to make the nomination; (b) the spouse of the incapacitated person; (c) an adult child of the incapacitated person; (d) a parent of the incapacitated person, including a person nominated by will, written instrument, or other writing signed by a deceased parent; (e) any relative of the incapacitated person with whom he has resided for more than six months prior to the filing of the petition; (f) a person nominated by the person who is caring for him or paying benefits to him; (g) a specialized care professional, so long as the specialized care professional does not: (i) profit financially or otherwise from or receive compensation for acting in that capacity, except for the direct costs of providing guardianship or conservatorship services; or (ii) otherwise have a conflict of interest in providing those services; (h) any competent person or suitable institution; or (i) the Office of Public Guardian under Title 26B, Chapter 6, Part 3, Office of Public Guardian.
Utah Code § 75-5-316 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-316
§ 75-5-316. Expedited guardianship proceedings.
Status: in_force

(1) (a) With regard to persons who are residents of the Utah State Developmental Center, the expedited process provided by this section may be applied to obtain a limited guardianship. (b) For purposes of this section: (i) "Limited guardianship" means a guardianship solely for the purpose of granting consent for medical care and for participation in approval of the ward's individualized program plan. (ii) "Ward" means a resident of the Utah State Developmental Center who is the subject of guardianship proceedings under this section. (2) Any person interested in the incapacitated person's welfare may file a petition for a finding of incapacity and appointment of a guardian. That person may seek the limited guardianship pro se, using the forms described in this section. Any fee for filing a petition for a limited guardianship shall be waived if the guardian is proceeding under this section. (3) Upon filing a petition for limited guardianship under this section, the court shall set a date for hearing. (4) The ward has the right to be present at the hearing and to see and hear all evidence relating to his condition. (5) At that hearing the court shall review the affidavit of the superintendent of the Utah State Developmental Center, described in Subsection (11), and determine whether notice has been given to the appropriate persons described in Subsection (6). (6) If the proposed guardian is not a parent or relative of the ward, personal notice shall be given to the ward's spouse, parents, and any adult children of the ward. Personal notice shall also be given to other persons as the court may direct. (7) The court may, in its discretion, appoint a guardian ad litem to represent the ward in the hearing, and may request independent evaluation by a physician appointed by the court. The physician shall submit his findings to the court in writing. (8) The court may grant the petition for a limited guardianship and sign the Order of Appointment if the court finds that: (a) the appropriate parties have been given notice; (b) the ward is incapacitated, based on the affidavit of the superintendent of the Utah State Developmental Center and any affidavit or testimony of persons entitled to receive notice or requested to present evidence under this section; and (c) it is necessary and desirable to establish the guardianship. (9) Venue for these expedited guardianship proceedings shall be the same as that described in Section 75-5-302. (10) A petition for a limited guardianship shall include the following information: (a) the interest of the petitioner; (b) the name, age, residence, and address of the ward; (c) verification that the ward is a resident of the Utah State Developmental Center; (d) the name and address of the nearest relative of the ward; and (e) the reason for appointment of guardianship. (11) The petitioner shall also provide the court with an affidavit of the superintendent of the Utah State Developmental Center that includes the following information: (a) that the ward is a resident of the Utah State Developmental Center; (b) the date the ward was originally admitted to the Utah State Developmental Center; (c) the diagnosis of the ward, including a description of the ward's disabling condition, the level of the ward's intellectual disability, and any medical or physical conditions of the ward; (d) that the Utah State Developmental Center is certified as an intermediate care facility for people with an intellectual disability; (e) that because of that certification, the Utah State Developmental Center receives financial participation from the United States Government for its operation and maintenance costs; and (f) that federal regulations under Title XIX require the ward to have a guardian appointed for the sole purpose of giving consent for medical and dental care and of participation in and approval of the ward's individual program plan. (12) If the court finds that, under the requirements of this section the proposed limited guardian should be appointed, it shall enter an order establishing that limited guardianship in substantially the following form:The court finds that: (a) appointment of a limited guardianship for (named ward) is necessary and desirable as a means of providing continuing care and supervision and to ensure his welfare; (b) the ward is incapacitated; (c) (named guardian) is appointed as the limited guardian of (named ward); and (d) the guardianship is a limited guardianship solely for the purpose of: (i) granting permission for medical and dental care on behalf of the ward; and (ii) participation in the development and approval of the ward's individual program plan. (13) Appointment of guardianship under this section places no additional responsibility or liability on the guardian with regard to the ward. The limited guardianship is solely for consent for medical care and approval of the ward's individualized program plan, and shall not be construed to increase or create liability or responsibility for the guardian.
Utah Code § 75-3-804 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-804
§ 75-3-804. Manner of presentation of claims.
Status: in_force

(1) Claims against a decedent's estate may be presented as follows: (a) The claimant may deliver or mail to the personal representative, or the personal representative's attorney of record, a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is deemed presented on either the receipt of the written statement of claim by the personal representative or the personal representative's attorney of record, or the filing of the claim with the court, whichever occurs first. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made. (b) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction to obtain payment of the claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of the decedent's death. (2) If a claim is presented under Subsection (1)(a), no proceeding thereon may be commenced more than 60 days after the personal representative has mailed a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the 60-day period, or to avoid injustice the court, on petition, may order an extension of the 60-day period, but in no event may the extension run beyond the applicable statute of limitations.
Utah Code § 75-6-405 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-405
§ 75-6-405. Transfer on death deed authorized.
Status: in_force

(1) An individual may transfer property to one or more named beneficiaries effective at the transferor's death by a transfer on death deed. (2) A class gift may not be made by a transfer on death deed.
Utah Code § 75-6-105 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-105
§ 75-6-105. Effect of written notice to financial institution.
Status: in_force

The provisions of Section 75-6-104 as to rights of survivorship are determined by the form of the account at the death of a party. This form may be altered by written order given by a party to the financial institution to change the form of the account or to stop or vary payment under the terms of the account. The order or request must be signed by a party, received by the financial institution during the party's lifetime, and not countermanded by other written order of the same party during his lifetime.
Utah Code § 75-2-706 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-706
§ 75-2-706. Definitions -- Life insurance -- Retirement plan -- Account with POD designation -- Transfer-on-death registration -- Deceased beneficiary -- Substitute gift -- Protection of payors and bona fide purchasers -- Personal liability of recipient.
Status: in_force

(1) As used in this section: (a) "Alternative beneficiary designation" means a beneficiary designation that is expressly created by the governing instrument and, under the terms of the governing instrument, can take effect instead of another beneficiary designation on the happening of one or more events, including survival of the decedent or failure to survive the decedent, whether an event is expressed in condition-precedent, condition-subsequent, or any other form. (b) "Beneficiary" means the beneficiary of a beneficiary designation under which the beneficiary shall survive the decedent and includes: (i) a class member if the beneficiary designation is in the form of a class gift; and (ii) an individual or class member who was deceased at the time the beneficiary designation was executed as well as an individual or class member who was then living but who failed to survive the decedent, but excludes a joint tenant of a joint tenancy with the right of survivorship and a party to a joint and survivorship account. (c) "Beneficiary designation" includes an alternative beneficiary designation and a beneficiary designation in the form of a class gift. (d) "Class member" includes an individual who fails to survive the decedent but who would have taken under a beneficiary designation in the form of a class gift had he survived the decedent. (e) "Stepchild" means a child of the decedent's surviving, deceased, or former spouse, and not of the decedent. (f) "Surviving beneficiary" or "surviving descendant" means a beneficiary or a descendant who neither predeceased the decedent nor is considered to have predeceased the decedent under Section 75-2-702. (2) If a beneficiary fails to survive the decedent and is a grandparent, a descendant of a grandparent, or a stepchild of the decedent, the following apply: (a) Except as provided in Subsection (2)(d), if the beneficiary designation is not in the form of a class gift and the deceased beneficiary leaves surviving descendants, a substitute gift is created in the beneficiary's surviving descendants. They take per capita at each generation the property to which the beneficiary would have been entitled had the beneficiary survived the decedent. (b) Except as provided in Subsection (2)(d), if the beneficiary designation is in the form of a class gift, other than a beneficiary designation 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 descendants of any deceased beneficiary. The property to which the beneficiaries would have been entitled had all of them survived the decedent passes to the surviving beneficiaries and the surviving descendants of the deceased beneficiaries. Each surviving beneficiary takes the share to which he would have been entitled had the deceased beneficiaries survived the decedent. Each deceased beneficiary's surviving descendants who are substituted for the deceased beneficiary take per capita at each generation the share to which the deceased beneficiary would have been entitled had the deceased beneficiary survived the decedent. For the purposes of this paragraph, "deceased beneficiary" means a class member who failed to survive the decedent and left one or more surviving descendants. (c) For the purposes of Section 75-2-701, words of survivorship, such as in a beneficiary designation to an individual "if he survives me," or in a beneficiary designation 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 a governing instrument creates an alternative beneficiary designation with respect to a beneficiary designation for which a substitute gift is created by Subsection (2)(a) or (b), the substitute gift is superseded by the alternative beneficiary designation only if an expressly designated beneficiary of the alternative beneficiary designation is entitled to take. (3) (a) A payor is protected from liability in making payments under the terms of the beneficiary designation until the payor has received written notice of a claim to a substitute gift under this section. Payment made before the receipt of written notice of a claim to a substitute gift under this section discharges the payor, but not the recipient, from all claims for the amounts paid. A payor is liable for a payment made after the payor has received written notice of the claim. A recipient is liable for a payment received, whether or not written notice of the claim is given. (b) The written notice of the claim shall be mailed to the payor's main office or home by registered or certified mail, return receipt requested, or served upon the payor in the same manner as a summons in a civil action. Upon receipt of written notice of the claim, a payor may pay any amount owed by it to the court having jurisdiction of the probate proceedings relating to the decedent's estate or, if no proceedings have been commenced, to the court having jurisdiction of probate proceedings relating to the decedent's estates located in the county of the decedent's residence. The court shall hold the funds and, upon its determination under this section, shall order disbursement in accordance with the determination. Payment made to the court discharges the payor from all claims for the amounts paid. (4) (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 neither obligated under this section to return the payment, item of property, or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit. But 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 obligated to return the payment, item of property, or benefit, or is 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 it under this section. (b) 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 obligated to return the payment, item of property, or benefit, or is 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 it were this section or part of this section not preempted.
Utah Code § 75-5b-104 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-104
§ 75-5b-104. Communication between courts.
Status: in_force

(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in Subsection (2), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
Utah Code § 75-2-402 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-402
§ 75-2-402. Homestead allowance.
Status: in_force

A decedent's surviving spouse is entitled to a homestead allowance of $22,500. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $22,500 divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims of the estate. Unless otherwise provided by the will or governing instrument, the homestead allowance is chargeable against any benefit or share passing to the surviving spouse, minor, or dependent child, 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 § 75-1-103 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-103
§ 75-1-103. Supplementary general principles of law applicable.
Status: in_force

Unless displaced by the particular provisions of this title, the principles of law and equity supplement the provisions of this title.
Utah Code § 75-3-1004 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1004
§ 75-3-1004. Liability of distributees to claimants.
Status: in_force

After assets of an estate have been distributed and subject to Section 75-3-1006, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, homestead or family allowances, or for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who shall have failed to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.
Utah Code § 75-2-505 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-505
§ 75-2-505. Who may witness.
Status: in_force

(1) An individual generally competent to be a witness may act as a witness to a will. (2) The signing of a will by an interested witness does not invalidate the will or any provision of it.
Utah Code § 75-3-102 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-102
§ 75-3-102. Necessity of order of probate for will.
Status: in_force

Except as provided in Section 75-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both: (1) no court proceeding concerning the succession or administration of the estate was commenced during the time period for testacy proceedings; and (2) either the devisee or the devisee's successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.
Utah Code § 75-3-1202 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1202
§ 75-3-1202. Effect of affidavit.
Status: in_force

The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled to it. In such event, in addition to recovering the property, the person to whom an affidavit is delivered shall, in the discretion of the court, be liable for damages to the claimant for an amount up to three times the value of the personal property plus costs of suit and reasonable attorneys' fees. Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
Utah Code § 75-5b-302 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-302
§ 75-5b-302. Accepting guardianship or conservatorship transferred from another state.
Status: in_force

(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 75-5b-301, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer. (2) Notice of a petition under Subsection (1) shall be given by the petitioner to those persons who would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice shall be given in the same manner as notice is given in this state. (3) On the court's own motion or on request of the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to Subsection (1). (4) The court shall issue an order provisionally granting a petition filed under Subsection (1) unless: (a) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or (b) the guardian or conservator is ineligible for appointment in this state. (5) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Section 75-5b-301 transferring the proceeding to this state. (6) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. (7) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator. (8) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Title 75, Chapter 5, Part 3, Guardians of Incapacitated Persons, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
Utah Code § 75-3-611 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-611
§ 75-3-611. Termination of appointment by removal -- Cause -- Procedure.
Status: in_force

(1) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative and to other persons as the court may order. Except as otherwise ordered as provided in Section 75-3-607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, correct maladministration, or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed. (2) Cause for removal exists: (a) When removal would be in the best interest of the estate. (b) If it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment. (c) If it is shown that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of his office, has mismanaged the estate, or failed to perform any duty pertaining to the office. (3) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
Utah Code § 75-1-308 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-308
§ 75-1-308. Appeals.
Status: in_force

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to the appeals to the Supreme Court in equity cases from the court of general jurisdiction, except that in proceedings where jury trial has been had as a matter of right, the rules applicable to the scope of review in jury cases apply.
Utah Code § 75-2-1408 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1408
§ 75-2-1408. Electronic will attested and made self-proving at time of execution.
Status: in_force

(1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. (2) The acknowledgment and affidavits under Subsection (1) shall be: (a) made before an officer authorized to administer oaths under law of the state in which execution occurs, regardless of whether that officer is also a witness to the electronic will; and (b) evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will. (3) The acknowledgment and affidavits under Subsection (1) shall be in substantially the following form:I, ____________, the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign this instrument or willingly direct another individual to sign this instrument for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years old or older, of sound mind, and under no constraint or undue influence.____________TestatorWe, ____________ and ____________, the witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed this instrument or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years old or older, of sound mind, and under no constraint or undue influence.___________Witness___________WitnessCertificate of officer: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____________Capacity of Officer (4) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under this part is deemed a signature of the electronic will under Subsection 75-2-1405(1). (5) To the extent that this section conflicts with Title 46, Chapter 1, Notaries Public Reform Act, this section supersedes Title 46, Chapter 1, Notaries Public Reform Act.
Utah Code § 75-3-606 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-606
§ 75-3-606. Terms and conditions of bonds.
Status: in_force

(1) The following requirements and provisions apply to any bond required by this part: (a) Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law. (b) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond. (c) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any 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. (d) On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative. (e) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted. (2) No action or 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.
Utah Code § 75-3-914 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-914
§ 75-3-914. Disposition of unclaimed assets.
Status: in_force

(1) If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any, but otherwise to the state treasurer for the benefit of the state school fund. (2) The money received by the state treasurer shall be paid to the person entitled on proof of his right to it or, if the state treasurer refuses or fails to pay, the person may petition the court which appointed the personal representative, whereupon the court upon notice to the state treasurer may determine the person entitled to the money and order the treasurer to pay it to him. No interest is allowed thereon, and the heir, devisee, or claimant shall pay all costs and expenses incident to the proceeding.
Utah Code § 75-5-303 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-303
§ 75-5-303. Procedure for court appointment of a guardian of an incapacitated person.
Status: in_force

(1) An allegedly incapacitated person or any person interested in an allegedly incapacitated person's welfare may petition for a finding of incapacity and appointment of a guardian. (2) (a) Upon the filing of a petition, the court shall set a date for hearing on the issues of incapacity. (b) Unless the allegedly incapacitated person has counsel of the person's own choice, the court shall appoint an attorney to represent the person in the proceeding the cost of which shall be paid by the allegedly incapacitated person, unless the allegedly incapacitated person and the allegedly incapacitated person's parents are indigent. (c) If the court determines that the petition is without merit, the attorney fees and court costs shall be paid by the person filing the petition. (d) If the court appoints the petitioner or the petitioner's nominee as guardian of the incapacitated person, regardless of whether the nominee is specified in the moving petition or nominated during the proceedings, the petitioner shall be entitled to receive from the incapacitated person reasonable attorney fees and court costs incurred in bringing, prosecuting, or defending the petition. (3) The legal representation of an allegedly incapacitated person by an attorney shall terminate upon the appointment of a guardian, unless: (a) there are separate conservatorship proceedings still pending before the court subsequent to the appointment of a guardian; (b) there is a timely filed appeal of the appointment of the guardian or the determination of incapacity; or (c) upon an express finding of good cause, the court orders otherwise. (4) (a) The court may appoint a health care provider, as that term is defined in Section 75A-3-101, who is qualified by training, education, and experience to examine the functional capabilities and limitations of the allegedly incapacitated person. (b) An appointed health care provider shall file with the court a report assessing, within the scope of the health care provider's license and experience, using evidence-based screening tools appropriate for the assessment, the functional capabilities and limitations of the allegedly incapacitated person to, with or without appropriate technological assistance: (i) receive and evaluate information; (ii) make and communicate decisions; and (iii) provide for necessities such as food, shelter, clothing, health care, or safety. (c) (i) An appointed health care provider may interview the person seeking appointment as guardian. (ii) The appointed health care provider may not base the appointed health care provider's assessment described in Subsection (4)(b) solely or predominately on the opinion of the person seeking appointment as guardian. (5) (a) The court may appoint a court visitor to: (i) interview the person seeking appointment as guardian; (ii) visit the present place of abode of the allegedly incapacitated person and the place it is proposed that the allegedly incapacitated person will be detained or reside if the requested appointment is made; or (iii) conduct other investigations or observations as directed by the court. (b) The court visitor shall file a written report with the court. (6) (a) The allegedly incapacitated person shall be present at the hearing and see or hear all evidence bearing upon the person's condition. (b) The court may only waive the presence of the allegedly incapacitated person if all of the following criteria are met: (i) the person is represented by an attorney; (ii) a court visitor is appointed to investigate, the costs of which shall be paid by the person seeking the guardianship; and (iii) following the investigation, the court finds that there is no reasonable accommodation that will enable the allegedly incapacitated person to be present for or participate in the hearing. (c) A court visitor is not required to investigate under Subsection (6)(b)(ii) if there is clear and convincing evidence from a physician that the person alleged to be incapacitated is experiencing a state of extended comatosis that is likely to persist through the time of the hearing. (d) In addition to the rights described in Section 75-5-301.5, an allegedly incapacitated person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed health care provider and the court visitor, and to trial by jury. The issue may be determined at a closed hearing without a jury if the allegedly incapacitated person or the person's counsel so requests. (e) Counsel for the allegedly incapacitated person is not required if all of the following criteria are met: (i) the allegedly incapacitated person is the biological or adopted child of the petitioner; (ii) the value of the allegedly incapacitated person's entire estate does not exceed $20,000 as established by an affidavit of the petitioner in accordance with Section 75-3-1201; (iii) the allegedly incapacitated person's appearance at the hearing has not been waived and the person appears in court with the petitioner, as described in Subsection (6)(a); (iv) the allegedly incapacitated person is given the opportunity to communicate, to the extent possible, the person's acceptance of or objection to the appointment of the proposed guardian, including the opportunity to communicate that acceptance or objection to the court and, as applicable, to the person's supporters, health care providers, and attorney; (v) no attorney from the state court's list of attorneys who have volunteered to represent respondents in guardianship proceedings is able to provide counsel to the person within 60 days of the date of the hearing, as described in Subsection (2)(b); (vi) the court is satisfied that counsel is not necessary to protect the interests of the allegedly incapacitated person; and (vii) the court appoints a court visitor and receives a report from the court visitor under Subsection (5).
Utah Code § 75-2-502 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-502
§ 75-2-502. Execution -- Witnessed wills -- Holographic wills.
Status: in_force

(1) Except as provided in Subsection (2) and in Sections 75-2-503, 75-2-506, and 75-2-513, a will shall be: (a) in writing; (b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (c) signed by at least two individuals, each of whom signed within a reasonable time after he witnessed either the signing of the will as described in Subsection (1)(b) or the testator's acknowledgment of that signature or acknowledgment of the will. (2) A will that does not comply with Subsection (1) is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting. (3) Intent that the document constitutes the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.
Utah Code § 75-1-105 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-105
§ 75-1-105. Construction against implied repeal.
Status: in_force

This title is a general act intended as a unified coverage of the title's subject matter, and no part of this title shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
Utah Code § 75-5b-301 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-301
§ 75-5b-301. Transfer of guardianship or conservatorship to another state.
Status: in_force

(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) Notice of a petition under Subsection (1) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator. (3) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to Subsection (1). (4) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that: (a) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state; (b) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and (c) plans for care and services for the incapacitated person in the other state are reasonable and sufficient. (5) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that: (a) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in Subsection 75-5b-201(2); (b) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (c) adequate arrangements will be made for management of the protected person's property. (6) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (a) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Section 75-5b-302; and (b) the documents required to terminate a guardianship or conservatorship in this state.
Utah Code § 75-5-415 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-415
§ 75-5-415. Death, resignation, or removal of conservator.
Status: in_force

(1) The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After the death, resignation, or removal of a conservator, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the preceding conservator. (2) Before removing a conservator, accepting the resignation of a conservator, or ordering that a protected person's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the protected person as apply to a petition for appointment of a conservator as provided in Section 75-5-407. The court is not required to appoint an attorney to represent the ward if the case is uncontested and the protected person's capacity is not at issue.
Utah Code § 75-2-1407 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1407
§ 75-2-1407. Revocation.
Status: in_force

(1) An electronic will may revoke all or part of a previous will. (2) All or part of an electronic will is revoked by: (a) a subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (b) a physical act if it is established by a preponderance of the evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence.
Utah Code § 75-2-711 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-711
§ 75-2-711. Interests in "heirs" and like.
Status: in_force

If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs," "heirs-at-law," "next-of-kin," "relatives," or "family," or language of similar import, the property passes to those persons, including the state, and in such shares as would succeed to the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
Utah Code § 75-2-602 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-602
§ 75-2-602. Will construed to pass all property and after-acquired property.
Status: in_force

A will is construed to pass all property the testator owns at death and all property acquired by the estate after the testator's death.
Utah Code § 75-2-207 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-207
§ 75-2-207. Surviving spouse's property and nonprobate transfers to others -- Included property -- Time of valuation.
Status: in_force

(1) Except to the extent included in the augmented estate under Section 75-2-204 or 75-2-206 or excluded under Section 75-2-208, the value of the augmented estate includes the value of: (a) property that was owned by the decedent's surviving spouse at the decedent's death, including: (i) the surviving spouse's fractional interest in property held in joint tenancy with the right of survivorship; (ii) the surviving spouse's ownership interest in property or accounts held in co-ownership registration with the right of survivorship; and (iii) property that passed to the surviving spouse by reason of the decedent's death, but not including the spouse's right to homestead allowance, family allowance, exempt property, or payments under the federal Social Security system; and (b) property that would have been included in the surviving spouse's nonprobate transfers to others, other than the spouse's fractional and ownership interests included under Subsection (1)(a)(i) or (ii), had the spouse been the decedent. (2) Property included under this section is valued at the decedent's death, taking the fact that the decedent predeceased the spouse into account, but, for purposes of Subsections (1)(a)(i) and (ii), the values of the spouse's fractional and ownership interests are determined immediately before the decedent's death if the decedent was then a joint tenant or a co-owner of the property or accounts. For purposes of Subsection (1)(b), proceeds of insurance that would have been included in the spouse's nonprobate transfers to others under Subsection 75-2-205(1)(d) are not valued as if the spouse were deceased. (3) The value of property included under this section is reduced by enforceable claims against the surviving spouse.
Utah Code § 75-2-703 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-703
§ 75-2-703. Choice of law as to meaning and effect of governing instrument.
Status: in_force

The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions relating to the elective share described in Part 2, Elective Share of Surviving Spouse, the provisions relating to exempt property and allowances described in Part 4, Exempt Property and Allowances, or any other public policy of this state otherwise applicable to the disposition.
Utah Code § 75-3-910 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-910
§ 75-3-910. Purchasers from distributees protected.
Status: in_force

If property distributed in kind or a security interest therein is acquired for value in good faith and without notice of any adverse claim by a purchaser from or lender to a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from the distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this section, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution.
Utah Code § 75-3-303 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-303
§ 75-3-303. Informal probate -- Proof and findings required.
Status: in_force

(1) In an informal proceeding for original probate of a will, the registrar shall determine whether: (a) the application is complete; (b) the applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief; (c) the applicant appears from the application to be an interested person; (d) on the basis of the statements in the application, venue is proper; (e) an original, duly executed and apparently unrevoked will was presented to the court for electronic storage and electronic filing and is now in the possession of the applicant or the applicant's attorney, or is in the registrar's possession; (f) any notice required by Section 75-3-204 has been given and that the application is not within Section 75-3-304; and (g) it appears from the application that the time limit for original probate has not expired. (2) The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in Subsection (4), if it appears that this or another will of the decedent has been the subject of a previous probate order. (3) A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under Section 75-2-502, 75-2-503, or 75-2-506 have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or he may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will. (4) Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated. (5) A will from a place which does not provide for probate of a will after death and which is not eligible for probate under Subsection (1) above may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.
Utah Code § 75-5b-208 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-208
§ 75-5b-208. Proceedings in more than one state.
Status: in_force

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state as provided in Subsection 75-5b-203(1)(a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (1) If the court in this state has jurisdiction under Section 75-5b-202, it may proceed with the case unless a court in another state acquires jurisdiction under Section 75-5b-202 before the appointment or issuance of the order. (2) If the court in this state does not have jurisdiction under Section 75-5b-202, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Utah Code § 75-2-801 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-801
§ 75-2-801. Disclaimer of property interests -- Time -- Form -- Effect -- Waiver and bar -- Remedy not exclusive -- Application.
Status: in_force

(1) A person, or the representative of a person, to whom an interest in or with respect to property or an interest therein devolves by whatever means may disclaim it in whole or in part by delivering or filing a written disclaimer under this section. The right to disclaim exists notwithstanding: (a) any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction; or (b) any restriction or limitation on the right to disclaim contained in the governing instrument. For purposes of this subsection, the "representative of a person" includes a personal representative of a decedent, a conservator of a person with a disability, a guardian of a minor or incapacitated person, and an agent acting on behalf of the person within the authority of a power of attorney. (2) The following rules govern the time when a disclaimer shall be filed or delivered: (a) (i) If the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be filed, if of a present interest, not later than nine months after the death of the deceased owner or deceased donee of a power of appointment and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest is finally ascertained and his interest is indefeasibly vested. (ii) The disclaimer shall be filed in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. (iii) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a person shall bring an action described in Subsection (2)(a) in the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced if the action is brought in the district court. (iv) A copy of the disclaimer shall be delivered in person or mailed by registered or certified mail, return receipt requested, to any personal representative or other fiduciary of the decedent or donee of the power. (b) If a property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered or filed, if of a present interest, not later than nine months after the effective date of the nontestamentary instrument or contract and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest is finally ascertained and his interest is indefeasibly vested. If the person entitled to disclaim does not know of the existence of the interest, the disclaimer shall be delivered or filed not later than nine months after the person learns of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to the maker or another the entire legal and equitable ownership of the interest. The disclaimer or a copy thereof shall be delivered in person or mailed by registered or certified mail, return receipt requested, to the person who has legal title to or possession of the interest disclaimed. (c) A surviving joint tenant or tenant by the entireties may disclaim as a separate interest any property or interest therein devolving to him by right of survivorship. A surviving joint tenant or tenant by the entireties may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy or tenancy by the entireties devolving to the surviving joint tenant or tenant by the entireties, if the joint tenancy or tenancy by the entireties was created by act of a deceased joint tenant or tenant by the entireties, the survivor did not join in creating the joint tenancy or tenancy by the entireties, and has not accepted a benefit under it. (d) If real property or an interest therein is disclaimed, a copy of the disclaimer may be recorded in the office of the county recorder of the county in which the property or interest disclaimed is located. (3) The disclaimer shall: (a) describe the property or interest disclaimed; (b) declare the disclaimer and extent thereof; and (c) be signed by the disclaimant. (4) The effects of a disclaimer are: (a) If property or an interest therein devolves to a disclaimant under a testamentary instrument, under a power of appointment exercised by a testamentary instrument, or under the laws of intestacy, and the decedent has not provided for another disposition of that interest, should it be disclaimed, or of disclaimed, or failed interests in general, the disclaimed interest devolves as if the disclaimant had predeceased the decedent, but if by law or under the testamentary instrument the descendants of the disclaimant would share in the disclaimed interest per capita at each generation or otherwise were the disclaimant to predecease the decedent, then the disclaimed interest passes per capita at each generation, or passes as directed by the governing instrument, to the descendants of the disclaimant who survive the decedent. A future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had predeceased the decedent. A disclaimer relates back for all purposes to the date of death of the decedent. (b) If property or an interest therein devolves to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition of that interest, should it be disclaimed, or of disclaimed or failed interests in general, the disclaimed interest devolves as if the disclaimant has predeceased the effective date of the instrument or contract, but if by law or under the nontestamentary instrument or contract the descendants of the disclaimant would share in the disclaimed interest per capita at each generation or otherwise were the disclaimant to predecease the effective date of the instrument, then the disclaimed interest passes per capita at each generation, or passes as directed by the governing instrument, to the descendants of the disclaimant who survive the effective date of the instrument. A disclaimer relates back for all purposes to that date. A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the effective date of the instrument or contract that transferred the disclaimed interest. (c) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under either of them. (5) The right to disclaim property or an interest therein is barred by: (a) an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor; (b) a written waiver of the right to disclaim; (c) an acceptance of the property or interest or a benefit under it; or (d) a sale of the property or interest under judicial sale made before the disclaimer is made. (6) This section does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute. (7) An interest in property that exists on July 1, 1998, as to which, if a present interest, the time for filing a disclaimer under this section has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after July 1, 1998.
Utah Code § 75-5b-402 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-402
§ 75-5b-402. Registration of protective orders.
Status: in_force

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order, letters of office, and any bond.
Utah Code § 75-3-413 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-413
§ 75-3-413. Formal testacy proceedings -- Vacation of order for other cause.
Status: in_force

For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
Utah Code § 75-2-203 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-203
§ 75-2-203. Composition of the augmented estate.
Status: in_force

Subject to Section 75-2-208 which provides for exclusions, valuation, and overlapping application, the value of the augmented estate, to the extent provided in Sections 75-2-204, 75-2-205, 75-2-206, and 75-2-207, consists of the sum of the values of all property, whether real or personal, movable or immovable, tangible or intangible, wherever situated, that constitute the decedent's net probate estate, the decedent's nonprobate transfers to others, the decedent's nonprobate transfers to the surviving spouse, and the surviving spouse's property and nonprobate transfers to others.
Utah Code § 75-3-719 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-719
§ 75-3-719. Costs and expenses in estate litigation.
Status: in_force

(1) (a) In a judicial proceeding involving the administration of an estate, the court may, as justice and equity may require, award costs and expenses, including reasonable attorney fees, to any party to be paid by another party or from the estate that is the subject of the controversy. (b) This Subsection (1) does not apply to the Office of the Attorney General when the Office of the Attorney General is a party to a judicial proceeding involving the administration of an estate to protect a public or charitable interest. (2) If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate the necessary expenses and disbursements, including reasonable attorney fees incurred. This Subsection (2) expressly applies in a will contest to any person nominated as a personal representative in a testamentary instrument submitted in good faith.
Utah Code § 75-13-303 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-303
§ 75-13-303. Transitional provision.
Status: in_force

This chapter applies to an electronic non-testamentary estate planning document created, signed, generated, sent, communicated, received, or stored before, on, or after May 6, 2026.
Utah Code § 75-3-710 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-710
§ 75-3-710. Powers of personal representatives -- In general.
Status: in_force

(1) Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust, however, for the benefit of the creditors and others interested in the estate. (2) This power may be exercised without notice, hearing, or order of court, unless otherwise specifically provided by this title.
Utah Code § 75-4-201 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-201
§ 75-4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.
Status: in_force

At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of his appointment and an affidavit made by or on behalf of the representative stating: (1) the date of the death of the nonresident decedent; (2) that no local administration, or application or petition therefor, is pending in this state; (3) that the domiciliary foreign personal representative is entitled to payment or delivery.
Utah Code § 75-2-1206 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1206
§ 75-2-1206. Exclusions from statutory rule against perpetuities.
Status: in_force

Section 75-2-1203 does not apply to: (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of: (a) a premarital or postmarital agreement; (b) a separation or divorce settlement; (c) a spouse's election; (d) a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties; (e) a contract to make or not to revoke a will or trust; (f) a contract to exercise or not to exercise a power of appointment; (g) a transfer in satisfaction of a duty of support; or (h) a reciprocal transfer; (2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income; (3) a power to appoint a fiduciary; (4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal; (5) a nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision; (6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; (7) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or (8) a property interest or arrangement subjected to a time limit under Section 75-2-1001.
Utah Code § 75-5-209 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-209
§ 75-5-209. Powers and duties of guardian of minor -- Residual parental rights and duties -- Adoption of a ward.
Status: in_force

(1) For purposes of this section, "residual parental rights and duties" is as defined in Section 80-1-102. (2) Except as provided in Subsection (4)(a), a guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of the parent's unemancipated minor, including the powers and responsibilities described in Subsection (3). (3) A guardian of a minor: (a) must take reasonable care of the personal effects of the guardian's ward; (b) must commence protective proceedings if necessary to protect other property of the guardian's ward; (c) subject to Subsection (4)(b), may receive money payable for the support of the ward to the ward's parent, guardian, or custodian under the terms of a: (i) statutory benefit or insurance system; (ii) private contract; (iii) devise; (iv) trust; (v) conservatorship; or (vi) custodianship; (d) subject to Subsection (4)(b), may receive money or property of the ward paid or delivered by virtue of Section 75-5-102; (e) except as provided in Subsection (4)(c), must exercise due care to conserve any excess money or property described in Subsection (3)(d) for the ward's future needs; (f) unless otherwise provided by statute, may institute proceedings to compel the performance by any person of a duty to: (i) support the ward; or (ii) pay sums for the welfare of the ward; (g) is empowered to: (i) facilitate the ward's education, social, or other activities; and (ii) subject to Subsection (4)(d), authorize medical or other professional care, treatment, or advice; (h) may consent to the: (i) marriage of the guardian's ward, if specifically authorized by a court to give this consent; or (ii) adoption of the guardian's ward if the: (A) guardian of the ward is specifically authorized by a court to give this consent; and (B) parental rights of the ward's parents have been terminated; and (i) must report the condition of the minor and of the minor's estate that has been subject to the guardian's possession or control: (i) as ordered by court on petition of any person interested in the minor's welfare; or (ii) as required by court rule. (4) (a) Notwithstanding Subsection (2), a guardian of a minor is not: (i) legally obligated to provide from the guardian's own funds for the ward; and (ii) liable to third persons by reason of the guardian's relationship for acts of the ward. (b) Sums received under Subsection (3)(c) or (d): (i) may not be used for compensation for the services of a guardian, except as: (A) approved by court order; or (B) determined by a duly appointed conservator other than the guardian; and (ii) shall be applied to the ward's current needs for support, care, and education. (c) Notwithstanding Subsection (3)(e), if a conservator is appointed for the estate of the ward, the excess shall be paid over at least annually to the conservator. (d) A guardian of a minor is not, by reason of giving the authorization described in Subsection (3)(g)(ii), liable for injury to the minor resulting from the negligence or acts of third persons, unless it would have been illegal for a parent to have given the authorization. (5) A parent of a minor for whom a guardian is appointed retains residual parental rights and duties. (6) If a parent of a minor for whom a guardian is appointed consents to the adoption of the minor, the guardian is entitled to: (a) receive notice of the adoption proceeding pursuant to Section 81-13-207; (b) intervene in the adoption; and (c) present evidence to the court relevant to the best interest of the minor as described in Subsection 81-13-207(11). (7) If a minor for whom a guardian is appointed is adopted subsequent to the appointment, the guardianship shall terminate when the adoption is finalized.
Utah Code § 75-2-708 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-708
§ 75-2-708. Class gifts to "descendants," "issue," or "heirs of the body" -- Form of distribution if none specified.
Status: in_force

If a class gift in favor of "descendants," "issue," or "heirs of the body" does not specify the manner in which the property is to be distributed among the class members, the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment, in such shares as they would receive, under the applicable law of intestate succession, if the designated ancestor had then died intestate owning the subject matter of the class gift.
Utah Code § 75-3-101 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-101
§ 75-3-101. Devolution of estate at death -- Restrictions.
Status: in_force

(1) The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this title to facilitate the prompt settlement of estates. (2) Upon the death of a person his real and personal property devolves to persons to whom it is devised by his last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estate, or in the absence of testamentary disposition, to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, rights of creditors, elective share of the surviving spouse, and administration.
Utah Code § 75-3-810 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-810
§ 75-3-810. Claims not due and contingent or unliquidated claims.
Status: in_force

(1) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class. (2) In other cases the personal representative, or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows: (a) If the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account; (b) Arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
Utah Code § 75-1-101 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-101
§ 75-1-101. Short title.
Status: in_force

This title shall be known and may be cited as the "Utah Uniform Probate Code."
Utah Code § 75-4-301 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-301
§ 75-4-301. Jurisdiction by act of foreign personal representative.
Status: in_force

A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by: (1) filing authenticated copies of his appointment as provided in Section 75-4-204; (2) receiving payment of money or taking delivery of personal property under Section 75-4-201; or (3) doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual. Jurisdiction under Subsection (2) is limited to the money or value of personal property collected.
Utah Code § 75-3-918 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-918
§ 75-3-918. Distribution to a purchaser of interest in a decedent's estate -- Exclusions -- Requirements for filing and agreement contents and form -- Redactions required -- Hearing -- Probate action in another state.
Status: in_force

(1) As used in this section: (a) "Interest" has the same meaning as "estate, trust, or other beneficial interest" as defined in Section 75A-2-211. (b) "Purchaser of interest" means a person who: (i) purchases, by means of a written agreement, an interest from a beneficiary in exchange for consideration; and (ii) regularly engages in, either directly or indirectly, the purchase of beneficial interests in estates in exchange for consideration. (2) The requirements of this section apply to a distribution from a decedent's estate that is made to a purchaser of interest. (3) This section does not apply to: (a) a transferee who is a beneficiary of the estate; (b) a person who has a claim to distribution from the estate under another instrument or by intestate succession; (c) a transferee who is the registered domestic partner of the beneficiary, or who is related by blood, marriage, or adoption to the beneficiary or the decedent; (d) a transaction made under Title 70C, Utah Consumer Credit Code; or (e) a transferee who is engaged in the business of locating missing or unknown heirs and who acquires an interest from a beneficiary solely in exchange for providing information or services associated with locating the heir or beneficiary. (4) (a) A written agreement under this section shall: (i) be printed in 10-point type or larger, including any accompanying documents provided by the purchaser of interest in relation to the written agreement; (ii) state the amount of consideration paid to the beneficiary; (iii) provide a description of the transferred interest; and (iv) if the written agreement so provides, state the amount by which the transferee for value would have its distribution reduced if the beneficial interest assigned is distributed prior to a specified date. (b) A written agreement under this section may not contain any of the following provisions, and if any such provision is included, the prohibited provision is null and void: (i) a provision that holds the purchaser of interest harmless, other than for liability arising out of fraud by the beneficiary; (ii) a provision granting the purchaser of interest agency powers to represent the beneficiary's interest in the decedent's estate beyond the interest to be transferred; (iii) a provision requiring the beneficiary to pay the purchaser of interest for services that are not related to the written agreement or for services other than the transfer of interest under the written agreement; or (iv) a provision permitting the purchaser of interest to have recourse against the beneficiary if the distribution from the estate in satisfaction of the beneficial interest is less than the beneficial interest assigned to the purchaser of interest, other than recourse for any expense or damage arising out of the material breach of the agreement or fraud by the beneficiary. (c) Before a copy of a written agreement under this section is filed, served, or otherwise publicly distributed as may be required by law, the purchaser of interest shall redact from that copy all information that personally identifies the beneficiary, other than the name and address of the beneficiary. (5) To request a transfer of the interest as provided under this section, the purchaser of interest shall, not later than 30 days following the date of execution of the written agreement or, if administration of the decedent's estate has not commenced, then within 30 days of issuance of the letters of administration or letters testamentary, but in no event later than 15 days prior to the hearing on the petition for final distribution: (a) provide a copy of the written agreement to the beneficiary, and if all or some of the negotiation or discussion that resulted in the execution of the written agreement by the beneficiary was conducted in a language other than English, provide the beneficiary with a copy of the written agreement in English, together with a copy of the written agreement translated into the language in which the written agreement was negotiated or discussed; (b) file a copy of the written agreement that meets the requirements of this section, and that is redacted in accordance with the requirements of Subsection (4)(c), with the court; and (c) provide notice of the assignment on the personal representative or the attorney of record for the personal representative. (6) (a) The beneficiary may file a motion in opposition, which motion may also request that the court schedule a hearing, within 10 calendar days of receipt of the written agreement. (b) The court on its own motion, or in response to a motion under Subsection (6)(a), may inquire into the circumstances surrounding the execution of, and the consideration for, the written agreement to determine that the requirements of this section have been satisfied. (c) Notice of a hearing on any motion brought under this section shall be served on the beneficiary and on the purchaser of interest at least 15 days before the date of the hearing. (7) (a) Except as provided in Subsections (7)(b) and (7)(c), if no motion in opposition has been filed under Subsection (6)(a), the court shall allow the transfer. (b) The court may order distribution under the written agreement, or may order distribution on any terms that the court considers equitable, if the court finds that the purchaser of interest did not substantially comply with the requirements of this section, or if the court finds that any of the following conditions existed at the time of transfer: (i) fees, charges, or consideration paid or agreed to be paid by the beneficiary were grossly unreasonable; or (ii) the transfer of the beneficial interest was obtained by duress, fraud, or undue influence. (c) In addition to any remedy specified in this section, for any willful violation of the requirements of this section found to be committed in bad faith, the court may require the purchaser of interest to pay to the beneficiary up to twice the value paid for the assignment. (8) If the decedent's estate is not subject to a pending court proceeding under Title 75, Utah Uniform Probate Code, but is the subject of a probate proceeding in another state, the purchaser of interest shall not be required to submit to the court a copy of the written agreement as required under Subsection (5).
Utah Code § 75-5-313 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-313
§ 75-5-313. Proceedings subsequent to appointment -- Venue.
Status: in_force

(1) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian or in which acceptance of an appointment by will or written instrument was filed over resignation, removal, accounting, and other proceedings relating to the guardianship. (2) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed.
Utah Code § 75-6-303 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-303
§ 75-6-303. Registration in beneficiary form -- Sole or joint tenancy ownership.
Status: in_force

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
Utah Code § 75-5-410 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-410
§ 75-5-410. Who may be appointed conservator -- Priorities.
Status: in_force

(1) The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed: (a) a conservator, guardian of property, or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides; (b) an individual or corporation nominated by the protected person if he is 14 or more years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice; (c) the court shall appoint a conservator in accordance with the protected person's most recent nomination, unless the potential conservator is disqualified or the court finds other good cause why that person should not serve as conservator. The nomination shall be in writing and shall be signed by the person making the nomination. The nomination shall be in substantially the following form:Nomination of ConservatorI, (Name), being of sound mind and not acting under duress, fraud, or other undue influence, do hereby nominate (Name, current residence, and relationship, if any, of the nominee) to serve as the conservator of my property in the event that after the date of this instrument I become incapacitated or have other need for protection.Executed at __________________________________ (city, state)on this ___________ day of _____________________________________________________________ (Signature) (d) a person who has been nominated by the protected person, by any means other than that described in Subsection (1)(c), if the protected person was 14 years of age or older when the nomination was executed and, in the opinion of the court, that person acted with sufficient mental capacity to make the nomination; (e) the spouse of the protected person; (f) an adult child of the protected person; (g) a parent of the protected person, or a person nominated by the will of a deceased parent; (h) any relative of the protected person with whom he has resided for more than six months prior to the filing of the petition; (i) a person nominated by the person who is caring for him or paying benefits to him. (2) A person in the priorities described in Subsection (1)(a), (e), (f), (g), or (h) may nominate in writing a person to serve in his stead. With respect to persons having equal priority, the court is to select the one who is best qualified of those willing to serve. The court, for good cause, may pass over a person having priority and appoint a person having less priority or no priority.
Utah Code § 75-2-1404 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1404
§ 75-2-1404. Choice of law regarding execution.
Status: in_force

A will executed electronically but not in compliance with Subsection 75-2-1405(1) is an electronic will under this part if executed in compliance with the law of the jurisdiction where the testator is: (1) physically located when the will is signed; or (2) domiciled or resides when the will is signed or when the testator dies.
Utah Code § 75-1-311 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-311
§ 75-1-311. Consent to jurisdiction.
Status: in_force

(1) By submitting an application for informal probate or appointment or a petition for formal probate, adjudication of intestacy, or appointment the applicant or petitioner subjects himself to the jurisdiction of the court in all matters arising under this title. (2) Notice of any proceeding sought to be maintained against the applicant or petitioner pursuant to his submission to jurisdiction shall be delivered to him or mailed to him by ordinary first-class mail at his address as it is known to the moving party or as listed in the application or petition or as thereafter reported to the court.
Utah Code § 75-5-306 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-306
§ 75-5-306. Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian.
Status: in_force

(1) (a) Except for the time period described in Subsection (1)(b), the ward or any person interested in the ward's welfare may petition for an order: (i) that the ward is no longer incapacitated; and (ii) for removal or resignation of the guardian in accordance with Section 75-5-307. (b) In an order adjudicating capacity, a court may specify a minimum period of time, not exceeding one year, during which no petition for an adjudication that the ward is no longer incapacitated can be filed without leave from the court. (c) A request for the order described in Subsection (1) may be made by informal letter to the court. (d) Any person who knowingly interferes with a request described in Subsection (1)(a) may be sanctioned by the court. (2) The authority and responsibility of a guardian for an incapacitated person terminates upon: (a) the death of the guardian or the ward; (b) the determination that the guardian is incapacitated; or (c) the removal or resignation of the guardian in accordance with Section 75-5-307. (3) Resignation of a guardian does not terminate the guardianship until the resignation has been approved by the court. (4) Testamentary appointment of a guardian under an informally probated will terminates if the will is later denied probate in a formal proceeding. (5) Termination of a guardian does not affect the guardian's liability for the guardian's prior acts or the guardian's obligation to account for funds and assets of the guardian's ward. (6) On a petition to order that a ward's incapacity is terminated, 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.
Utah Code § 75-5-409 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-409
§ 75-5-409. Protective arrangements and single transactions authorized.
Status: in_force

(1) If it is established in a proper proceeding that a basis exists as described in Section 75-5-401 for affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include, but are not limited to, payment, delivery, deposit, or retention of funds or property, sale, mortgage, lease, or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or establishment of a suitable trust. (2) When it has been established in a proper proceeding that a basis exists as described in Section 75-5-401 for affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person's financial affairs or involving his estate if the court determines that the transaction is in the best interests of the protected person. (3) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of his disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
Utah Code § 75-6-110 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-110
§ 75-6-110. Financial institution protection -- Payment of P.O.D. account.
Status: in_force

Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee.
Utah Code § 75-5-205 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-205
§ 75-5-205. Court appointment of guardian of minor -- Venue.
Status: in_force

The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.
Utah Code § 75-2-508 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-508
§ 75-2-508. Revocation by change of circumstances.
Status: in_force

Except as provided in Sections 75-2-803, 75-2-804, and 75-2-807, a change of circumstances does not revoke a will or any part of it.
Utah Code § 75-5b-501 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-501
§ 75-5b-501. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Utah Code § 75-1-107 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-107
§ 75-1-107. Evidence of death or status.
Status: in_force

(1) In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply: (a) Death occurs when an individual is determined to be dead as provided in Section 26B-8-132. (b) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent. (c) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report. (d) In the absence of prima facie evidence of death under Subsection (1)(b) or (c), the fact of death may be established by clear and convincing evidence, including circumstantial evidence. (e) An individual whose death is not established under Subsection (1)(a), (b), (c) or (d) who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. (f) In the absence of evidence disputing the time of death stated on a document described in Subsection (1)(b) or (c), a document described in Subsection (1)(b) or (c) that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours. (2) The right and duty to control the disposition of a deceased person shall be governed by Sections 58-9-601 through 58-9-604.
Utah Code § 75-3-614 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-614
§ 75-3-614. Special administrator -- Appointment.
Status: in_force

(1) A special administrator may be appointed: (a) Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in Section 75-3-609; (b) In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.
Utah Code § 75-5b-202 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-202
§ 75-5b-202. Jurisdiction.
Status: in_force

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is a significant-connection state and: (a) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or (b) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order: (i) a petition for an appointment or order is not filed in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (iii) the court in this state concludes that it is an appropriate forum under the factors set forth in Section 75-5b-205; (3) this state does not have jurisdiction under either Subsection (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or (4) the requirements for special jurisdiction under Section 75-5b-204 are met.
Utah Code § 75-2-405 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-405
§ 75-2-405. Source, determination, and documentation.
Status: in_force

(1) If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children, or the guardians of the minor children are unable or fail to do so within a reasonable time or there is no guardian of a minor child. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. The personal representative may determine the family allowance in a lump sum not exceeding $27,000 or periodic installments not exceeding $2,250 per month for one year, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which may include a family allowance other than that which the personal representative determined or could have determined. (2) If the right to an elective share is exercised on behalf of a surviving spouse who is an incapacitated person, the personal representative may add any unexpended portions payable under the homestead allowance, exempt property, and family allowance to the trust established under Subsection 75-2-212(2).
Utah Code § 75-2-1411 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1411
§ 75-2-1411. Transitional provision.
Status: in_force

This part applies to the will of a decedent who dies on or after the effective date of this part.
Utah Code § 75-2-511 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-511
§ 75-2-511. Testamentary additions to trusts.
Status: in_force

(1) A will may validly devise property to the trustee of a trust established or to be established: (a) during the testator's lifetime by the testator, by the testator and some other person, or by some other person, including a funded or unfunded life insurance trust, although the settlor has reserved any or all rights of ownership of the insurance contracts; or (b) at the testator's death by the testator's devise to the trustee, if the trust is identified in the testator's will and its terms are set forth in a written instrument, other than a will, executed before, concurrently with, or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or the testator's death. (2) Unless the testator's will provides otherwise, property devised to a trust described in Subsection (1) is not held under a testamentary trust of the testator, but it becomes a part of the trust to which it is devised, and shall be administered and disposed of in accordance with the provisions of the governing instrument setting forth the terms of the trust, including any amendments thereto made before or after the testator's death. (3) Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
Utah Code § 75-5b-403 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-403
§ 75-5b-403. Effect of registration.
Status: in_force

(1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties. (2) A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
Utah Code § 75-5-613 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-613
§ 75-5-613. Termination of guardianship for an individual with a severe intellectual disability.
Status: in_force

(1) (a) An individual with a severe intellectual disability, or any person interested in the individual's welfare, may petition for an order: (i) that the individual is not an individual with a severe intellectual disability; and (ii) for removal or resignation of the guardian in accordance with Section 75-5-612. (b) The court may specify a minimum period of time, not exceeding one year, during which no petition for the termination of a guardianship for an individual with a severe intellectual disability can be filed without leave from the court. (c) A request for the order described in this Subsection (1) may be made by informal letter to the court. (d) Any person who knowingly interferes with a request described in Subsection (1)(a) may be sanctioned by the court. (2) Notwithstanding Subsection (1), the authority and responsibility of a guardian for an individual with a severe intellectual disability terminates upon: (a) the death of the guardian or the individual; (b) the determination that the guardian is incapacitated; or (c) the removal or resignation of the guardian in accordance with Section 75-5-612. (3) Resignation of a guardian does not terminate the guardianship until the resignation has been approved by the court. (4) Termination of a guardian does not affect the guardian's liability for the guardian's prior acts or the guardian's obligation to account for funds and assets of the individual with a severe intellectual disability. (5) On a petition to order that an individual is no longer an individual with a severe intellectual disability, the court shall follow the same procedures to safeguard the rights of the individual with a severe intellectual disability on a petition for appointment of a guardian under Sections 75-5-603, 75-5-604, 75-5-606, and 75-5-607.
Utah Code § 75-2-213 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-213
§ 75-2-213. Waiver of right to elect and of other rights.
Status: in_force

(1) The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property, and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse. (2) A surviving spouse's waiver is not enforceable if the surviving spouse proves that: (a) he did not execute the waiver voluntarily; or (b) the waiver was unconscionable when it was executed and, before execution of the waiver, he: (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the decedent; (ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the decedent beyond the disclosure provided; and (iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the decedent. (3) An issue of unconscionability of a waiver is for decision by the court as a matter of law. (4) Unless it provides to the contrary, a waiver of "all rights," or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of elective share, homestead allowance, exempt property, and family allowance by each spouse in the property of the other and a renunciation by each of all benefits that would otherwise pass to him from the other by intestate succession or by virtue of any will executed before the waiver or property settlement.
Utah Code § 75-3-1204 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1204
§ 75-3-1204. Small estates -- Closing by sworn statement of personal representative.
Status: in_force

(1) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the summary procedures of Section 75-3-1203 by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating: (a) the nature and value of the estate's assets at the time of distribution; (b) that to the best knowledge of the personal representative, the value of the entire estate, less liens and encumbrances, did not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable, necessary medical and hospital expenses of the last illness of the decedent; (c) that the personal representative has fully administered the estate by disbursing and distributing it to the persons entitled thereto; and (d) that the personal representative has sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of administration to the distributees whose interests are affected. (2) If no actions or 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) A closing statement filed under this section has the same effect as one filed under Section 75-3-1003.
Utah Code § 75-3-808 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-808
§ 75-3-808. Individual liability of personal representative.
Status: in_force

(1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract. (2) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault. (3) Claims based on contracts entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor. (4) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge, or indemnification or other appropriate proceeding.
Utah Code § 75-2b-102 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-102
§ 75-2b-102. Application.
Status: in_force

This chapter applies to the disposition at death of the following property acquired by a married person: (1) all personal property, wherever situated: (a) which was acquired as or became, and remained, community property under the laws of another jurisdiction; (b) all or the proportionate part of that property acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or (c) traceable to that community property; and (2) all or the proportionate part of any real property situated in this state which was acquired with the rents, issues or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property.
Utah Code § 75-6-403 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-403
§ 75-6-403. Applicability.
Status: in_force

This part applies to a transfer on death deed made before, on, or after May 8, 2018, by a transferor dying on or after May 8, 2018.