reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 508 - Notice to creditors.

Effective 5/3/2023
75-7-508.
Notice to creditors.
(1)
(a) A trustee for an inter vivos revocable trust, upon the death of the settlor, may publish a notice to creditors:
(i) once a week for three successive weeks in a newspaper of general circulation in the county where the settlor resided at the time of death; and
(ii) in accordance with Section 45-1-101 for three weeks.
(b) The notice required by Subsection (1)(a) shall:
(i) provide the trustee's name and address; and
(ii) notify creditors:
(A) of the deceased settlor; and
(B) to present their claims within three months after the date of the first publication of the notice or be forever barred from presenting the claim.
(2) A trustee shall give written notice by mail or other delivery to any known creditor of the deceased settlor, notifying the creditor to present the creditor's claim within 90 days from the published notice if given as provided in Subsection (1) or within 60 days from the mailing or other delivery of the notice, whichever is later, or be forever barred. Written notice shall be the notice described in Subsection (1) or a similar notice.
(3)
(a) If the deceased settlor received medical assistance, as defined in Section 26B-3-1001, at any time after the age of 55, the trustee for an inter vivos revocable trust, upon the death of the settlor, shall mail or deliver written notice to the Director of the Office of Recovery Services, on behalf of the Department of Health and Human Services, to present any claim under Section 26B-3-1013 within 60 days from the mailing or other delivery of notice, whichever is later, or be forever barred.
(b) If the trustee does not mail notice to the director of the Office of Recovery Services on behalf of the department in accordance with Subsection (3)(a), the department shall have one year from the death of the settlor to present its claim.
(4) The trustee is not liable to any creditor or to any successor of the deceased settlor for giving or failing to give notice under this section.
(5) The notice to creditors shall be valid against any creditor of the trust and also against any creditor of the estate of the deceased settlor.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 509 - Limitations on presentation of claims.

Effective 5/3/2023
75-7-509.
Limitations on presentation of claims.
(1) All claims against a deceased settlor which arose before the death of the deceased settlor, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the deceased settlor's estate, the trustee, the trust estate, and the beneficiaries of the deceased settlor's trust, unless presented within the earlier of the following:
(a) one year after the settlor's death; or
(b) the time provided by Subsection 75-7-508(2) or (3) for creditors who are given actual notice, and where notice is published, within the time provided in Subsection 75-7-508(1) for all claims barred by publication.
(2) In all events, claims barred by the nonclaim statute at the deceased settlor's domicile are also barred in this state.
(3) All claims against a deceased settlor's estate or trust estate which arise at or after the death of the settlor, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis are barred against the deceased settlor's estate, the trustee, the trust estate, and the beneficiaries of the deceased settlor, unless presented as follows:
(a) a claim based on a contract with the trustee within three months after performance by the trustee is due; or
(b) any other claim within the later of three months after it arises, or the time specified in Subsection (1).
(4) Nothing in this section affects or prevents:
(a) any proceeding to enforce any mortgage, pledge, or other lien upon property of the deceased settlor's estate or the trust estate;
(b) to the limits of the insurance protection only, any proceeding to establish liability of the deceased settlor or the trustee for which he is protected by liability insurance;
(c) collection of compensation for services rendered and reimbursement for expenses advanced by the trustee or by the attorney or accountant for the trustee of the trust estate; or
(d) the right to recover medical assistance provided to the settlor under Title 26B, Chapter 3, Part 10, Medical Benefits Recovery.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 510 - Manner of presentation of claims.

75-7-510.
Manner of presentation of claims.
(1) Claims against a deceased settlor's estate or inter vivos revocable trust shall be presented as follows:
(a) The claimant may deliver or mail to the trustee, or the trustee's attorney of record, a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed. The claim is considered presented upon the receipt of the written statement of claim by the trustee or the trustee's attorney of record. 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 trustee in any court where the trustee may be subjected to jurisdiction to obtain payment of the claim against the deceased settlor's estate or the trust 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 deceased settlor which were pending at the time of the deceased settlor's death.
(2) If a claim is presented under Subsection (1)(a), no proceeding thereon may be commenced more than 60 days after the trustee 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 trustee 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.
Renumbered and Amended by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 511 - Classification of claims.

Effective 5/3/2023
75-7-511.
Classification of claims.
(1) If the applicable assets of the deceased settlor's estate or trust estate are insufficient to pay all claims in full, the trustee shall make payment in the following order:
(a) reasonable funeral expenses;
(b) costs and expenses of administration;
(c) debts and taxes with preference under federal law;
(d) reasonable and necessary medical and hospital expenses of the last illness of the deceased settlor, including compensation of persons attending the deceased settlor, and medical assistance if Section 26B-3-1013 applies;
(e) debts and taxes with preference under other laws of this state; and
(f) all other claims.
(2) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 512 - Allowance of claims.

75-7-512.
Allowance of claims.
(1) As to claims presented in the manner described in Section 75-7-510 and within the time limit prescribed in Section 75-7-509, the trustee may mail a notice to any claimant stating that the claim has been allowed or disallowed. If, after allowing or disallowing a claim, the trustee changes the decision concerning the claim, the trustee shall notify the claimant. The trustee may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has expired and the claim has been barred. If the notice of disallowance warns the claimant of the impending bar, a claim which is disallowed in whole or in part by the trustee is barred so far as not allowed, unless the claimant seeks a court-ordered allowance by filing a petition for allowance in the court or by commencing a proceeding against the trustee not later than 60 days after the mailing of the notice of disallowance or partial allowance. If the trustee fails to mail notice to a claimant of action on the claim within 60 days after the time for original presentation of the claim has expired, this failure has the effect of a notice of allowance.
(2) Upon the petition of the trustee or a claimant in a proceeding for this purpose, the court may order any claim presented to the trustee or trustee's attorney in a timely manner and not barred by Subsection (1) to be allowed in whole or in part. Notice of this proceeding shall be given to the claimant, the trustee, and those other persons interested in the trust estate as the court may direct by order at the time the proceeding is commenced.
(3) A judgment in a proceeding in another court against the trustee to enforce a claim against a deceased settlor's estate is a court-ordered allowance of the claim.
(4) Unless otherwise provided in any judgment in another court entered against a trustee, allowed claims bear interest at the legal rate for the period commencing six months after the deceased settlor's date of death unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
Renumbered and Amended by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 513 - Payment of claims.

75-7-513.
Payment of claims.
(1) Upon the expiration of the earliest of the time limitations provided in Section 75-7-509 for the presentation of claims, the trustee shall pay the claims allowed against the deceased settlor's estate in the order of priority prescribed, after making provision for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for that purpose, a claimant whose claim has been allowed but not paid as provided in this section may secure an order directing the trustee to pay the claim to the extent that funds of the deceased settlor's estate or trust estate are available for the payment.
(2) The trustee at any time may pay any just claim that has not been barred, with or without formal presentation, but the trustee shall be personally liable to any other claimant whose claim is allowed and who is injured by the payment if:
(a) the payment was made before the expiration of the time limit stated in Subsection (1) and the trustee failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or
(b) the payment was made, due to the negligence or willful fault of the trustee, in a way that deprived the injured claimant of his priority.
Renumbered and Amended by Chapter 89, 2004 General Session
Amended by Chapter 282, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 514 - Secured claims.

75-7-514.
Secured claims.
Payment of a secured claim shall be upon the basis of the amount allowed if the creditor surrenders his security; but otherwise payment shall be based upon one of the following:
(1) if the creditor exhausts his security before receiving payment, unless precluded by another provision of the 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 trustee by agreement, arbitration, compromise, or litigation.
Renumbered and Amended by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 515 - Claims not due and contingent or unliquidated claims.

75-7-515.
Claims not due and contingent or unliquidated claims.
(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 trust estate, and if the claim has been allowed or established by a proceeding, it shall be paid in the same manner as presently due and absolute claims of the same class.
(2) In other cases the trustee, or, on petition of the trustee or the claimant in a special proceeding for that 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; or
(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 beneficiary, or otherwise.
Renumbered and Amended by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 516 - Counterclaims.

75-7-516.
Counterclaims.
(1) In allowing a claim, the trustee may deduct any counterclaim which the deceased settlor's estate has against the claimant. In determining a claim against a deceased settlor's estate, a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess.
(2) A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based.
(3) A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
Renumbered and Amended by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 517 - Execution and levies prohibited.

75-7-517.
Execution and levies prohibited.
(1) No execution may issue upon nor may any levy be made against any property of the deceased settlor's estate under any judgment against a deceased settlor or a trustee.
(2) This section may not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding.
Renumbered and Amended by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 518 - Compromise of claims.

75-7-518.
Compromise of claims.
When a claim against a deceased settlor's estate has been presented in any manner, the trustee may, if it appears in the best interest of the deceased settlor's estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
Renumbered and Amended by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts › Section 519 - Encumbered assets.

75-7-519.
Encumbered assets.
(1) If any assets of the deceased settlor's estate are encumbered by mortgage, pledge, lien, or other security interest, the trustee may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be in the best interest of the deceased settlor's estate.
(2) Payment of an encumbrance does not increase the share of the beneficiary entitled to the encumbered assets unless the beneficiary is entitled to exoneration or unless the terms of the deceased settlor's trust, under which the beneficiary is entitled to the encumbered assets, provides otherwise.
Renumbered and Amended by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 6 - Revocable Trusts › Section 604 - Capacity of settlor of revocable trust.

75-7-604.
Capacity of settlor of revocable trust.
The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 6 - Revocable Trusts › Section 605 - Revocation or amendment of revocable trust.

75-7-605.
Revocation or amendment of revocable trust.
(1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This Subsection (1) does not apply to a trust created under an instrument executed before May 1, 2004.
(2) If a revocable trust is created or funded by more than one settlor:
(a) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; and
(b) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution.
(3) The settlor may revoke or amend a revocable trust:
(a) by substantially complying with a method provided in the terms of the trust; or
(b) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by:
(i) executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or
(ii) any other method manifesting clear and convincing evidence of the settlor's intent.
(4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.
(5) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.
(6) A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.
(7) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 6 - Revocable Trusts › Section 606 - Settlor's powers -- Powers of withdrawal.

Effective 5/14/2019
75-7-606.
Settlor's powers -- Powers of withdrawal.
(1)
(a) To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust.
(b) To the extent a trust is revocable by a settlor in conjunction with a person other than a trustee or a person holding an adverse interest, the trustee may follow a direction from the settlor and the other person holding the power to revoke even if the direction is contrary to the terms of the trust.
(2) To the extent a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.
(3) If a revocable trust has more than one settlor, the duties of the trustee are owed to all of the settlors having capacity to revoke the trust.
(4) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.
Amended by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 6 - Revocable Trusts › Section 607 - Limitation on action contesting validity of revocable trust -- Distribution of trust property.

75-7-607.
Limitation on action contesting validity of revocable trust -- Distribution of trust property.
(1) A person shall commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:
(a) three years after the settlor's death; or
(b) 90 days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.
(2) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:
(a) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or
(b) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.
(3) With respect to a potential contest, the trustee is only liable for actions taken two or more business days after the trustee has actual receipt of written notice from a potential contestant. The written notice shall include the name of the settlor or of the trust, the name of the potential contestant, and a description of the basis for the potential contest. The written notice shall be mailed to the trustee at the principal place of administration of the trust by registered or certified mail, return receipt requested, or served upon the trustee in the same manner as a summons in a civil action. Any other form or service of notice is not sufficient to impose liability on the trustee for actions taken pursuant to the terms of the trust.
(4) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 7 - Office of Trustee › Section 701 - Accepting or declining trusteeship.

75-7-701.
Accepting or declining trusteeship.
(1) Except as otherwise provided in Subsection (3), a person designated as trustee accepts the trusteeship:
(a) by substantially complying with a method of acceptance provided in the terms of the trust; or
(b) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.
(2) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is considered to have rejected the trusteeship.
(3) A person designated as trustee, without accepting the trusteeship, may:
(a) act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and
(b) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 7 - Office of Trustee › Section 702 - Trustee's bond.

75-7-702.
Trustee's bond.
(1) A trustee shall give bond to secure performance of the trustee's duties only if the court finds that a bond is needed to protect the interests of the beneficiaries or is required by the terms of the trust and the court has not dispensed with the requirement.
(2) The court may specify the amount of a bond, its liabilities, and whether sureties are necessary. The court may modify or terminate a bond at any time.
(3) A regulated financial service institution qualified to do trust business in this state need not give bond, unless required by the terms of the trust. The cost of any bond shall be borne by the trust.
(4) Unless otherwise directed by the court, the cost of the bond is charged to the trust.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 7 - Office of Trustee › Section 703 - Cotrustees.

Effective 5/14/2019
75-7-703.
Cotrustees.
(1) Cotrustees who are unable to reach a unanimous decision may act by majority decision.
(2) If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.
(3) Subject to Section 75-12-112, a cotrustee must participate in the performance of a trustee's function unless the cotrustee is unavailable to perform the function because of absence, illness, disqualification under other law, or other temporary incapacity, or the cotrustee has properly delegated the performance of the function to another trustee.
(4) If a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, or if a cotrustee fails or refuses to act after reasonable notice, and prompt action is necessary to achieve the purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a majority of the remaining cotrustees may act for the trust.
(5) A trustee may not delegate to a cotrustee the performance of a function the settlor intended the trustees to perform jointly as determined from the terms of the trust. If one of the cotrustees is a regulated financial service institution qualified to do trust business in this state and the remaining cotrustees are individuals, a delegation by the individual cotrustees to the regulated financial service institution of the performance of trust investment functions shall be presumed to be in accordance with the settlor's intent unless the terms of the trust specifically provide otherwise. Unless a delegation was irrevocable, a trustee may revoke a delegation previously made.
(6) Except as otherwise provided in Subsection (7), a trustee who does not join in an action of another trustee is not liable for the action.
(7) Subject to Section 75-12-112, each trustee shall exercise reasonable care to:
(a) prevent a cotrustee from committing a serious breach of trust; and
(b) compel a cotrustee to redress a serious breach of trust.
(8) A dissenting trustee who joins in an action at the direction of the majority of the trustees and who notified any cotrustee of the dissent at or before the time of the action is not liable for the action unless the action is a serious breach of trust.
Amended by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 7 - Office of Trustee › Section 704 - Vacancy in trusteeship -- Appointment of successor.

75-7-704.
Vacancy in trusteeship -- Appointment of successor.
(1) A vacancy in a trusteeship occurs if:
(a) a person designated as trustee rejects the trusteeship;
(b) a person designated as trustee cannot be identified or does not exist;
(c) a trustee resigns;
(d) a trustee is disqualified or removed;
(e) a trustee dies; or
(f) a guardian or conservator is appointed for an individual serving as trustee, unless otherwise provided in the trust.
(2) If one or more cotrustees remain in office, a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if the trust has no remaining trustee.
(3) A vacancy in a trusteeship required to be filled must be filled in the following order of priority:
(a) by a person designated in the terms of the trust to act as successor trustee;
(b) by a person appointed by unanimous agreement of the qualified beneficiaries; or
(c) by a person appointed by the court.
(4) A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled in the following order of priority:
(a) by a person designated in the terms of the trust to act as successor trustee;
(b) by a person selected by the charitable organizations expressly designated to receive distributions under the terms of the trust if the attorney general concurs in the selection; or
(c) by a person appointed by the court.
(5) Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may appoint an additional trustee or special fiduciary whenever the court considers the appointment necessary for the administration of the trust.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 7 - Office of Trustee › Section 705 - Resignation of trustee.

75-7-705.
Resignation of trustee.
(1) A trustee may resign:
(a) upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or
(b) with the approval of the court.
(2) In approving a resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.
(3) Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or omissions of the trustee is not discharged or affected by the trustee's resignation.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 7 - Office of Trustee › Section 706 - Removal of trustee.

75-7-706.
Removal of trustee.
(1) The settlor, a cotrustee, or a qualified beneficiary may request the court to remove a trustee, or a trustee may be removed by the court on its own initiative.
(2) The court may remove a trustee if:
(a) the trustee has committed a serious breach of trust;
(b) lack of cooperation among cotrustees substantially impairs the administration of the trust;
(c) because of unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
(d) there has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable cotrustee or successor trustee is available.
(3) Pending a final decision on a request to remove a trustee, or in lieu of or in addition to removing a trustee, the court may order appropriate relief under Subsection 75-7-1001(2) necessary to protect the trust property or the interests of the beneficiaries.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 7 - Office of Trustee › Section 707 - Delivery of property by former trustee.

75-7-707.
Delivery of property by former trustee.
(1) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.
(2) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 7 - Office of Trustee › Section 708 - Compensation of trustee.

75-7-708.
Compensation of trustee.
If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to compensation that is reasonable under the circumstances.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 7 - Office of Trustee › Section 709 - Reimbursement of expenses.

75-7-709.
Reimbursement of expenses.
(1) A trustee is entitled to be reimbursed out of the trust property, with interest as appropriate, for:
(a) expenses that were properly incurred in the administration of the trust; and
(b) to the extent necessary to prevent unjust enrichment of the trust, expenses that were not properly incurred in the administration of the trust.
(2) An advance by the trustee of money for the protection of the trust gives rise to a lien against trust property to secure reimbursement with reasonable interest.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 801 - Duty to administer trust.

75-7-801.
Duty to administer trust.
Upon acceptance of a trusteeship, the trustee shall administer the trust expeditiously and in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this chapter.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 803 - Impartiality.

75-7-803.
Impartiality.
If a trust has two or more beneficiaries, the trustee shall act impartially in investing, managing, and distributing the trust property, giving due regard to the beneficiaries' respective interests.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 804 - Prudent administration.

75-7-804.
Prudent administration.
A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 805 - Costs of administration.

75-7-805.
Costs of administration.
In administering a trust, the trustee may incur only costs that are reasonable in relation to the trust property, the purposes of the trust, and the skills of the trustee.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 806 - Trustee's skills.

75-7-806.
Trustee's skills.
A trustee who is named trustee in reliance upon the trustee's representation that the trustee has special skills or expertise, shall use those special skills or expertise.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 807 - Control and protection of trust property.

75-7-807.
Control and protection of trust property.
A trustee shall take reasonable steps to take control of and protect the trust property.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 808 - Recordkeeping and identification of trust property.

75-7-808.
Recordkeeping and identification of trust property.
(1) A trustee shall keep adequate records of the administration of the trust.
(2) A trustee shall keep trust property separate from the trustee's own property.
(3) Except as otherwise provided in Subsection (4), a trustee shall cause the trust property to be designated so that the interest of the trust, to the extent feasible, appears in records maintained by a party other than a trustee or beneficiary.
(4) If the trustee maintains records clearly indicating the respective interests, a trustee may invest as a whole the property of two or more separate trusts.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 809 - Enforcement and defense of claims.

75-7-809.
Enforcement and defense of claims.
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims against the trust.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 810 - Collecting trust property.

75-7-810.
Collecting trust property.
A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee, unless the terms of the trust provide otherwise.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 811 - Duty to inform and report.

75-7-811.
Duty to inform and report.
(1) Except to the extent the terms of the trust provide otherwise, a trustee shall keep the qualified beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests. Unless unreasonable under the circumstances, and unless otherwise provided by the terms of the trust a trustee shall promptly respond to a qualified beneficiary's request for information related to the administration of the trust.
(2) Except to the extent the terms of the trust provide otherwise, a trustee:
(a) upon request of a qualified beneficiary, shall promptly furnish to the beneficiary a copy of the portions of the trust instrument which describe or affect the beneficiary's interest;
(b) within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance and of the trustee's name, address, and telephone number;
(c) within 60 days after the date the trustee acquires knowledge of the creation of an irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise, shall notify the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument, and of the right to a trustee's report as provided in Subsection (3); and
(d) shall notify the qualified beneficiaries in advance of any change in the method or rate of the trustee's compensation.
(3) A trustee shall send to the qualified beneficiaries who request it, at least annually and at the termination of the trust, a report of the trust property, liabilities, receipts, and disbursements, including the amount of the trustee's compensation or a fee schedule or other writing showing how the trustee's compensation was determined, a listing of the trust assets and, if feasible, their respective market values. Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report must be sent to the qualified beneficiaries by the former trustee, unless the terms of the trust provide otherwise. A personal representative, conservator, or guardian may send the qualified beneficiaries a report on behalf of a deceased or incapacitated trustee.
(4) A qualified beneficiary may waive the right to a trustee's report or other information otherwise required to be furnished under this section. A beneficiary, with respect to future reports and other information, may withdraw a waiver previously given.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 812 - Discretionary powers -- Tax savings.

75-7-812.
Discretionary powers -- Tax savings.
(1) Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee shall exercise a discretionary power in good faith and in accordance with the terms and purposes of the trust and the interests of the beneficiaries.
(2) Subject to Subsection (4), and unless the terms of the trust expressly indicate that a rule in this section does not apply:
(a) a person other than a settlor who is a beneficiary and trustee of a trust that confers on the trustee a power to make discretionary distributions to or for the trustee's personal benefit may exercise the power only in accordance with an ascertainable standard relating to the trustee's individual health, education, support, or maintenance within the meaning of Subsection 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, as in effect on May 1, 2004; and
(b) a trustee may not exercise a power to make discretionary distributions to satisfy a legal obligation of support that the trustee personally owes another person.
(3) A power whose exercise is limited or prohibited by Subsection (2) may be exercised by a majority of the remaining trustees whose exercise of the power is not so limited or prohibited. If the power of all trustees is so limited or prohibited, the court may appoint a special fiduciary with authority to exercise the power.
(4) Subsection (2) does not apply to:
(a) a power held by the settlor's spouse who is the trustee of a trust for which a marital deduction, as defined in Subsection 2056(b)(5) or 2523(e) of the Internal Revenue Code of 1986, as in effect on May 1, 2004, was previously allowed;
(b) any trust during any period that the trust may be revoked or amended by its settlor; or
(c) a trust if contributions to the trust qualify for the annual exclusion under Subsection 2503(c) of the Internal Revenue Code of 1986, as in effect on May 1, 2004.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 813 - General powers of trustee.

75-7-813.
General powers of trustee.
(1) A trustee, without authorization by the court, may exercise:
(a) powers conferred by the terms of the trust; or
(b) except as limited by the terms of the trust:
(i) all powers over the trust property which an unmarried competent owner has over individually owned property;
(ii) any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and
(iii) any other powers conferred by this chapter.
(2) The exercise of a power is subject to the fiduciary duties prescribed by this part.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 815 - Distribution upon termination.

75-7-815.
Distribution upon termination.
(1) Upon termination or partial termination of a trust, the trustee may send to the beneficiaries a proposal for distribution. The right of any beneficiary to object to the proposed distribution terminates if the beneficiary does not notify the trustee of an objection within 30 days after the proposal was sent but only if the proposal informed the beneficiary of the right to object and of the time allowed for objection.
(2) Upon the occurrence of an event terminating or partially terminating a trust, the trustee shall proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right of the trustee to retain a reasonable reserve for the payment of debts, expenses, and taxes.
(3) A release by a beneficiary of a trustee from liability for breach of trust is invalid to the extent:
(a) it was induced by improper conduct of the trustee; or
(b) the beneficiary, at the time of the release, did not know or had no reason to know of the beneficiary's rights or of the material facts relating to the breach.
Enacted by Chapter 89, 2004 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 816 - Recitals when title to real property is in trust -- Failure.

Effective 5/9/2017
75-7-816.
Recitals when title to real property is in trust -- Failure.
(1) When title to real property is granted to a person as trustee, the terms of the trust may be given either:
(a) in the deed of transfer; or
(b) in an instrument signed by the grantor and recorded in the same office as the grant to the trustee.
(2) If the terms of the trust are not made public as required in Subsection (1), a conveyance from the trustee is absolute in favor of purchasers for value who take the property without notice of the terms of the trust.
(3) The terms of the trust recited in the deed of transfer or the instrument recorded under Subsection (1)(b) shall include:
(a) the name of the trustee;
(b) the address of the trustee; and
(c) the name and date of the trust.
(4) Any real property titled in a trust which has a restriction on transfer described in Section 25-6-502 shall include in the title the words "asset protection trust."
Amended by Chapter 204, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 7 - Utah Uniform Trust Code › Part 8 - Duties and Powers of Trustee › Section 817 - Marital deduction formulas -- Trusts.

75-7-817.
Marital deduction formulas -- Trusts.
(1) For estates of decedents dying after December 31, 1981, where a decedent's trust executed before September 13, 1981, contains a formula expressly providing that the decedent's spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by federal law, this formula shall be construed as referring to the unlimited marital deduction allowable by federal law as amended by Section 403(a) of the Economic Recovery Tax Act of 1981.
(2) The intention of a trustor as expressed in the trust shall control the legal effect of any dispositions made by it for purposes of construing Subsection (1), and the rule of construction of Subsection (1) shall apply unless a contrary intention is indicated by the trust.
Enacted by Chapter 89, 2004 General Session