reglab/housing_qa huggingface dataset:
UT Code § 75-6-312 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 3 - Uniform Transfer on Death Security Registration Act|Section 312 - Rules of construction.

75-6-312. Rules of construction.    (1) This part shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this part among states enacting it.     (2) Unless displaced by the particular provisions of this part, the principles of law and equity supplement its provisions.    Amended by Chapter 79, 1996 General Session
UT Code § 75-6-313 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 3 - Uniform Transfer on Death Security Registration Act|Section 313 - Application of part.

75-6-313. Application of part.  This part applies to registrations of securities in beneficiary form made before or after January 1, 1995, by decedents dying on or after June 30, 1995.  Amended by Chapter 79, 1996 General Session
UT Code § 75-6-401 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 401 - Title.

 Effective 5/14/2019  75-6-401. Title.  This part is known as the "Uniform Real Property Transfer on Death Act." Amended by Chapter 136, 2019 General Session
UT Code § 75-6-402 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 402 - Definitions.

 Effective 5/14/2019  75-6-402. Definitions.  As used in this part:  (1) "Beneficiary" means a person who receives property under a transfer on death deed.     (2) "Class gift" means a transfer to a group of persons who are classified by their relationship to one another or the transferor, and who are not individually named in the transferring document.     (3) "Designated beneficiary" means a person designated to receive property in a transfer on death deed.     (4) "Individual" means a natural person.     (5)   (a) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship.     (b) "Joint owner" includes a joint tenant, owner of community property with a right of survivorship, and tenant by the entirety.     (c) "Joint owner" does not include a tenant in common or owner of community property without a right of survivorship.       (6) "Natural person" means a human being.     (7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.     (8) "Property" means an interest in real property located in this state that is transferable on the death of the owner.     (9) "Transfer on death deed" means a deed authorized under this part.     (10) "Transferor" means an individual, in their individual capacity, who makes a transfer on death deed.    Amended by Chapter 136, 2019 General Session
UT Code § 75-6-403 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 403 - Applicability.

 Effective 5/14/2019  75-6-403. Applicability.  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. Amended by Chapter 136, 2019 General Session
UT Code § 75-6-404 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 404 - Nonexclusivity.

 Effective 5/14/2019  75-6-404. Nonexclusivity.  This part does not affect any method of transferring property otherwise permitted under the law of this state. Amended by Chapter 136, 2019 General Session
UT Code § 75-6-405 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 405 - Transfer on death deed authorized.

 Effective 5/8/2018  75-6-405. Transfer on death deed authorized.    (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.    Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-406 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 406 - Transfer on death deed revocable.

 Effective 5/8/2018  75-6-406. Transfer on death deed revocable.  A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-407 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 407 - Transfer on death deed nontestamentary.

 Effective 5/8/2018  75-6-407. Transfer on death deed nontestamentary.  A transfer on death deed is nontestamentary. Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-408 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 408 - Capacity of transferor.

 Effective 5/8/2018  75-6-408. Capacity of transferor.  The capacity required to make or revoke a transfer on death deed is the same as that required to make a will. Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-409 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 409 - Requirements.

 Effective 5/8/2018  75-6-409. Requirements.  A transfer on death deed shall:  (1) contain the essential elements and formalities of a properly recordable inter vivos deed;     (2) state that the transfer to the designated beneficiary is to occur at the transferor's death; and     (3) be recorded before the transferor's death in the public records in the county recorder's office of the county where the property is located.    Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-410 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 410 - Notice, delivery, acceptance, consideration not required.

 Effective 5/8/2018  75-6-410. Notice, delivery, acceptance, consideration not required.  A transfer on death deed is effective without:  (1) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or     (2) consideration.    Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-411 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 411 - Revocation by instrument authorized -- Revocation by act not permitted.

 Effective 5/8/2018  75-6-411. Revocation by instrument authorized -- Revocation by act not permitted.    (1) Subject to Subsection (2), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:   (a) is one of the following:   (i) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;     (ii) an instrument of revocation that expressly revokes the deed or part of the deed; or     (iii) an inter vivos deed that revokes the transfer on death deed or part of the deed expressly or by inconsistency; and       (b) is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded in the public records in the office of the county recorder where the deed is recorded before the transferor's death.       (2) If a transfer on death deed is made by more than one transferor:   (a) revocation by a transferor does not affect the deed as to the interest of another transferor; and     (b) a deed of joint owners is revoked only if it is revoked by all of the living joint owners.       (3) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.     (4) This section does not limit the effect of an inter vivos transfer of the property.     (5) Property subject to a revocation of a transfer on death deed shall adeem and nonademption statutes shall be inapplicable to the deed.    Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-412 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 412 - Effect of transfer on death deed during transferor's life.

 Effective 5/8/2018  75-6-412. Effect of transfer on death deed during transferor's life.  During a transferor's life, a transfer on death deed does not:  (1) affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;     (2) affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;     (3) affect an interest or right of the transferor's secured or unsecured creditors or future creditors, even if they have actual or constructive notice of the deed;     (4) affect the transferor's or designated beneficiary's eligibility for any form of public assistance;     (5) create a legal or equitable interest in favor of the designated beneficiary; or     (6) subject the property to claims or process of the designated beneficiary's creditors.    Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-413 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 413 - Effect of transfer on death deed at transferor's death.

 Effective 5/5/2021  75-6-413. Effect of transfer on death deed at transferor's death.    (1) Except as otherwise provided in the transfer on death deed, Sections 75-2-205, 75-2-702, 75-2-803, 75-2-804, and 75-2-807, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death.   (a) Subject to Subsection (1)(b), the interests in the property are transferred to the designated beneficiaries in accordance with the deed.     (b) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. Notwithstanding Section 75-2-706, the interest of a designated beneficiary that fails to survive the transferor lapses.     (c) Subject to Subsection (1)(d), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship, unless otherwise specified in the transfer on death deed.     (d) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one that lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.       (2) Subject to Title 57, Chapter 3, Recording of Documents, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this Subsection (2) and Title 57, Chapter 3, Recording of Documents, the recording of the transfer on death deed is considered to have occurred at the transferor's death.     (3) If a transferor is a joint owner and is:   (a) survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or     (b) the last surviving joint owner, the transfer on death deed is effective.       (4) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.     (5) Following the death of the transferor, an affidavit in substantially the form found in Section 57-1-5.1 shall be recorded in the office of the recorder of the county in which the affected property is located. Each affidavit shall:   (a) contain a legal description of the real property that is affected;     (b) reference the entry number and the book and page of the previously recorded transfer on death deed; and     (c) have attached as an exhibit, a copy of the death certificate or other document issued by a governmental agency as described in Section 75-1-107 certifying the transferor's death.      Amended by Chapter 225, 2021 General Session
UT Code § 75-6-414 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 414 - Disclaimer.

 Effective 5/8/2018  75-6-414. Disclaimer.  A beneficiary may disclaim all or part of the beneficiary's interest. Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-415 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 415 - Liability for creditor claims and statutory allowances.

 Effective 5/8/2018  75-6-415. Liability for creditor claims and statutory allowances.    (1) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, only the estate may enforce the liability against property transferred at the transferor's death by a transfer on death deed.     (2) If more than one property is transferred by one or more transfer on death deeds, the liability under Subsection (1) is apportioned among the properties in proportion to their net values at the transferor's death.     (3) A probate proceeding to enforce the liability under this section shall be commenced not later than 12 months after the transferor's death.     (4) The estate may expressly waive the estate's claim against the property.    Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-417 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 417 - Optional form of revocation.

 Effective 5/14/2019  75-6-417. Optional form of revocation.  The following form may be used to create an instrument of revocation under this part. The other sections of this part govern the effect of this or any other instrument used to revoke a transfer on death deed. (front of form) FULL REVOCATION OF TRANSFER ON DEATH DEEDNOTICE TO OWNER This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.IDENTIFYING INFORMATION Owner or Owners of Property Making This Revocation: ___________________________ ______________________________ Printed name Mailing address ___________________________ ______________________________ Printed name Mailing address Legal description of the property: ___________________________________________________________REVOCATION I revoke all my previous transfers of this property by transfer on death deed.SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION _______________________________ [(SEAL)]_________________ Signature Date _______________________________ [(SEAL)]_________________ Signature DateACKNOWLEDGMENT(insert acknowledgment here) (back of form) COMMON QUESTIONS ABOUT THE USE OF THIS FORM Q. How do I use this form to revoke a Transfer on Death (TOD) deed? A. Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the public records in the office of the county recorder of each county where the property is located. The form must be acknowledged and recorded before your death or it has no effect. Q. How do I find the "legal description" of the property? A. This information may be on the TOD deed. It may also be available in the office of the county recorder for the county where the property is located. If you are not absolutely sure, consult a lawyer. Q. How do I "record" the form? A. Take the completed and acknowledged form to the office of the county recorder of the county where the property is located. Follow the instructions given by the county recorder to make the form part of the official property records. If the property is located in more than one county, you should record the form in each of those counties. Q. I am being pressured to complete this form. What should I do? A. Do not complete this form under pressure. Seek help from a trusted family member, a friend, or a lawyer. Q. Can this form be used for a partial revocation of a previously filed TOD deed? A. No. This form is to be used for full revocation of a deed. In the case of a partial revocation, a new TOD deed must be filed. Q. I have other questions about this form. What should I do? A. This form is designed to fit some but not all situations. If you have other questions, consult a lawyer. Amended by Chapter 136, 2019 General Session
UT Code § 75-6-418 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 418 - Uniformity of application and construction.

 Effective 5/8/2018  75-6-418. Uniformity of application and construction.  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. Enacted by Chapter 26, 2018 General Session
UT Code § 75-6-419 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 6 - Nonprobate Transfers|Part 4 - Uniform Real Property Transfer on Death Act|Section 419 - Relation to Electronic Signatures in Global and National Commerce Act.

 Effective 5/14/2019  75-6-419. Relation to Electronic Signatures in Global and National Commerce Act.  This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b). Amended by Chapter 136, 2019 General Session
UT Code § 75-7-101 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 101 - Title.

75-7-101. Title.  This chapter is known as the "Utah Uniform Trust Code."  Repealed and Re-enacted by Chapter 89, 2004 General Session
UT Code § 75-7-102 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 102 - Scope.

75-7-102. Scope.  This chapter applies to trusts as defined in Section 75-1-201.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-104 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 104 - Knowledge.

75-7-104. Knowledge.    (1) Subject to Subsection (2), a person has knowledge of a fact if the person:   (a) has actual knowledge of it;     (b) has received a notice or notification of it; or     (c) from all the facts and circumstances known to the person at the time in question, has reason to know it.       (2) An organization that conducts activities through employees has notice or knowledge of a fact involving a trust only from the time the information was received by an employee having responsibility to act for the trust, or would have been brought to the employee's attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the employee having responsibility to act for the trust and there is reasonable compliance with the routines. Reasonable diligence does not require an employee of the organization to communicate information unless the communication is part of the individual's regular duties or the individual knows a matter involving the trust would be materially affected by the information.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-105 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 105 - Default and mandatory rules.

 Effective 5/14/2019  75-7-105. Default and mandatory rules.    (1) Except as otherwise provided in the terms of the trust, this chapter governs the duties and powers of a trustee, relations among trustees, and the rights and interests of a beneficiary.     (2) Except as specifically provided in this chapter, the terms of a trust prevail over any provision of this chapter except:   (a) the requirements for creating a trust;     (b) subject to Sections 75-12-109, 75-12-111, and 75-12-112, the duty of a trustee to act in good faith and in accordance with the purposes of the trust;     (c) the requirement that a trust and the terms of the trust be for the benefit of the trust's beneficiaries;     (d) the power of the court to modify or terminate a trust under Sections 75-7-410 through 75-7-416;     (e) the effect of a spendthrift provision, Section 25-6-502, and the rights of certain creditors and assignees to reach a trust as provided in Part 5, Creditor's Claims - Spendthrift and Discretionary Trusts;     (f) the power of the court under Section 75-7-702 to require, dispense with, or modify or terminate a bond;     (g) the effect of an exculpatory term under Section 75-7-1008;     (h) the rights under Sections 75-7-1010 through 75-7-1013 of a person other than a trustee or beneficiary;     (i) periods of limitation for commencing a judicial proceeding; and     (j) the subject-matter jurisdiction of the court and venue for commencing a proceeding as provided in Sections 75-7-203 and 75-7-205.      Amended by Chapter 153, 2019 General Session
UT Code § 75-7-106 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 1 - General Provisions|Section 106 - Common law of trusts -- Principles of equity.

75-7-106. Common law of trusts -- Principles of equity.  The common law of trusts and principles of equity supplement this chapter, except to the extent modified by this chapter or laws of this state.  Enacted by Chapter 89, 2004 General Session