reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 2 - Creation, Revocation, and Amendment of Power of Appointment › Section 205 - Rules of classification.

Effective 5/9/2017
75-10-205.
Rules of classification.
(1) In this section, "adverse party" means a person with a substantial beneficial interest in property that would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.
(2) If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.
(3) If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 2 - Creation, Revocation, and Amendment of Power of Appointment › Section 206 - Donor's power to revoke or amend.

Effective 5/9/2017
75-10-206.
Donor's power to revoke or amend.
A donor may revoke or amend a power of appointment unless or to the extent the instrument creating the power is made irrevocable by the donor or the exercise of a presently exercisable power has been irrevocably made or effected.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 301 - Requisites for exercise of power of appointment.

Effective 5/9/2017
75-10-301.
Requisites for exercise of power of appointment.
A power of appointment is exercised only:
(1) if the instrument exercising the power is valid under applicable law;
(2) if the terms of the instrument exercising the power:
(a) manifest the powerholder's intent to exercise the power; and
(b) satisfy the requirements of exercise, if any, imposed by the donor; and
(3) to the extent the appointment is a permissible exercise of the power.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 302 - Intent to exercise -- Determining intent from residuary clause.

Effective 5/9/2017
75-10-302.
Intent to exercise -- Determining intent from residuary clause.
(1) As used in this section:
(a) "Residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.
(b) "Will" includes a codicil and a testamentary instrument that revises another will.
(2) A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:
(a) the terms of the instrument containing the residuary clause do not manifest a contrary intent;
(b) the power is a general power exercisable in favor of the powerholder's estate;
(c) there is no gift-in-default clause or the clause is ineffective; and
(d) the powerholder did not release the power.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 303 - Intent to exercise -- After-acquired power.

Effective 5/9/2017
75-10-303.
Intent to exercise -- After-acquired power.
Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:
(1) except as otherwise provided in Subsection (2), a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and
(2) if the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 304 - Compliance with donor-imposed formal requirements.

Effective 5/9/2017
75-10-304.
Compliance with donor-imposed formal requirements.
(1) A powerholder's compliance with formal requirements of appointment imposed by the donor is sufficient only if the powerholder substantially complies with the conditions, requirements, and formalities set forth in the power of appointment, including complying with all the requirements for making specific reference to the power, that the power shall be exercised in a specific document such as a will, or that the document exercising the power shall be witnessed or notarized. If the donor limited the powerholder's exercise to a validly executed will, substantial compliance may not include the exercise of the power by a trust or another document not meeting the requirements of a properly executed will.
(2) Unless required by the instrument creating the power, the probate of a properly executed will is not required for the exercise of a power to be valid and complete.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 305 - Permissible appointment.

Effective 5/14/2019
75-10-305.
Permissible appointment.
(1) A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.
(2) A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.
(3) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:
(a) make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;
(b) create a general power in a permissible appointee;
(c) create a nongeneral power in any person to appoint one or more of the permissible appointees of the original nongeneral power; or
(d) create a nongeneral power in a permissible appointee to appoint one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.
Amended by Chapter 153, 2019 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 306 - Appointment to deceased appointee or permissible appointee's descendant.

Effective 5/9/2017
75-10-306.
Appointment to deceased appointee or permissible appointee's descendant.
(1) Subject to Sections 75-2-603 and 75-2-604, an appointment to a deceased appointee is ineffective.
(2) Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 307 - Impermissible appointment.

Effective 5/9/2017
75-10-307.
Impermissible appointment.
(1) Except as otherwise provided in Section 75-10-306, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.
(2) An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 308 - Elective allocation doctrine.

Effective 5/9/2017
75-10-308.
Elective allocation doctrine.
If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property shall be allocated in the permissible manner that best carries out the powerholder's intent.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 309 - Capture doctrine -- Disposition of ineffectively appointed property under general power.

Effective 5/9/2017
75-10-309.
Capture doctrine -- Disposition of ineffectively appointed property under general power.
To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:
(1) the gift-in-default clause controls the disposition of the ineffectively appointed property; or
(2) if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:
(a) passes to:
(i) the powerholder if the powerholder is a permissible appointee and is living; or
(ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or
(b) if there is no taker under Subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 310 - Disposition of unappointed property under released or unexercised general power.

Effective 5/9/2017
75-10-310.
Disposition of unappointed property under released or unexercised general power.
To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:
(1) the gift-in-default clause controls the disposition of the unappointed property; or
(2) if there is no gift-in-default clause or to the extent the clause is ineffective:
(a) except as otherwise provided in Subsection (2)(b), the unappointed property passes to:
(i) the powerholder if the powerholder is a permissible appointee and is living; or
(ii) if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or
(b) to the extent the powerholder released the power, or if there is no taker under Subsection (2)(a), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 311 - Disposition of unappointed property under released or unexercised nongeneral power.

Effective 5/9/2017
75-10-311.
Disposition of unappointed property under released or unexercised nongeneral power.
To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:
(1) the gift-in-default clause controls the disposition of the unappointed property; or
(2) if there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:
(a) passes to the permissible appointees if:
(i) the permissible appointees are defined and limited; and
(ii) the terms of the instrument creating the power do not manifest a contrary intent; or
(b) if there is no taker under Subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 312 - Disposition of unappointed property if partial appointment to taker in default.

Effective 5/9/2017
75-10-312.
Disposition of unappointed property if partial appointment to taker in default.
Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 313 - Appointment to taker in default.

Effective 5/9/2017
75-10-313.
Appointment to taker in default.
If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is considered not to have been exercised and the appointee takes under the clause.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 3 - Exercise of Power of Appointment › Section 314 - Powerholder's authority to revoke or amend exercise.

Effective 5/9/2017
75-10-314.
Powerholder's authority to revoke or amend exercise.
Unless the terms of the instrument creating the power of appointment or the instrument exercising the power of appointment provide that the exercise is irrevocable or unamendable, a powerholder may revoke or amend an exercise of a power of appointment made by an instrument effective during the life of the powerholder where the exercise is to become effective at some future time or contingency and where that future time and contingency has not yet occurred, as long as the revocation or amendment is done with the same formality as the original exercise of the power of appointment.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint › Section 401 - Disclaimer.

Effective 5/9/2017
75-10-401.
Disclaimer.
As provided by Section 75-2-801:
(1) A powerholder may disclaim all or part of a power of appointment.
(2) A permissible appointee, an appointee, or a taker in default of appointment may disclaim all or part of an interest in appointive property.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint › Section 402 - Authority to release.

Effective 5/9/2017
75-10-402.
Authority to release.
A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint › Section 403 - Method of release.

Effective 5/9/2017
75-10-403.
Method of release.
A powerholder of a releasable power of appointment may release the power in whole or in part:
(1) by substantial compliance with a method provided in the terms of the instrument creating the power; or
(2) if the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder's intent by clear and convincing evidence.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint › Section 404 - Revocation or amendment of release.

Effective 5/9/2017
75-10-404.
Revocation or amendment of release.
A powerholder may revoke or amend a release of a power of appointment only to the extent that:
(1) the instrument of release is revocable by the powerholder; or
(2) the powerholder reserves a power of revocation or amendment in the instrument of release.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint › Section 405 - Power to contract -- Presently exercisable power of appointment.

Effective 5/9/2017
75-10-405.
Power to contract -- Presently exercisable power of appointment.
A powerholder of a presently exercisable power of appointment may contract:
(1) not to exercise the power; or
(2) to exercise the power if the contract when made does not confer a benefit on an impermissible appointee.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint › Section 406 - Power to contract -- Power of appointment not presently exercisable.

Effective 5/9/2017
75-10-406.
Power to contract -- Power of appointment not presently exercisable.
A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:
(1) is also the donor of the power; and
(2) has reserved the power in a revocable trust.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 4 - Disclaimer or Release - Contract to Appoint or Not to Appoint › Section 407 - Remedy for breach of contract to appoint or not to appoint.

Effective 5/9/2017
75-10-407.
Remedy for breach of contract to appoint or not to appoint.
The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 5 - Rights of Powerholder's Creditors in Appointive Property › Section 501 - Creditor claim -- General power created by powerholder.

Effective 5/9/2017
75-10-501.
Creditor claim -- General power created by powerholder.
(1) In this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.
(2) Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in Title 25, Chapter 6, Uniform Voidable Transactions Act.
(3) Subject to Subsection (2), appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.
(4) Subject to Subsections (2) and (3), and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:
(a) the powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and
(b) the powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 5 - Rights of Powerholder's Creditors in Appointive Property › Section 502 - Creditor claim -- Power not created by powerholder.

Effective 5/9/2017
75-10-502.
Creditor claim -- Power not created by powerholder.
(1) The property subject to a general or a nongeneral power of appointment not created by the powerholder, including a presently exercisable general or nongeneral power of appointment, is exempt from a claim of a creditor of the powerholder or the powerholder's estate. The powerholder of such a power may not be compelled to exercise the power and the powerholder's creditors may not acquire the power, any rights thereto, or reach the trust property or beneficial interests by any other means. A court may not exercise or require the powerholder to exercise the power of appointment.
(2) As set forth in Section 75-10-103, the law of the donor's domicile at the time of creation shall govern claims of creditors and other parties claiming an interest in property or rights subject to a power of appointment.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 5 - Rights of Powerholder's Creditors in Appointive Property › Section 503 - Power to withdraw.

Effective 5/9/2017
75-10-503.
Power to withdraw.
(1) For purposes of this part, and except as otherwise provided in Subsection (2), a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.
(2) On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. Sec. 2041(b)(2) and 26 U.S.C. Sec. 2514(e) or the amount specified in 26 U.S.C. Sec. 2503(b).
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 6 - Miscellaneous Provisions › Section 601 - Uniformity of application and construction.

Effective 5/9/2017
75-10-601.
Uniformity of application and construction.
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.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 6 - Miscellaneous Provisions › Section 602 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/9/2017
75-10-602.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the 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).
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 10 - Uniform Powers of Appointment Act › Part 6 - Miscellaneous Provisions › Section 603 - Application to existing relationships.

Effective 5/9/2017
75-10-603.
Application to existing relationships.
(1) Except as otherwise provided in this chapter, on and after May 9, 2017:
(a) this chapter applies to a power of appointment created before, on, or after May 9, 2017;
(b) this chapter applies to a judicial proceeding concerning a power of appointment commenced on or after May 9, 2017;
(c) this chapter applies to a judicial proceeding concerning a power of appointment commenced before May 9, 2017, unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies; and
(d) a rule of construction or presumption provided in this chapter applies to an instrument executed before May 9, 2017, unless there is a clear indication of a contrary intent in the terms of the instrument.
(2) Except as otherwise provided in Subsections (1)(a) through (d), an action done before May 9, 2017, is not affected by this chapter.
(3) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than this chapter before May 9, 2017, the law continues to apply to the right.
Enacted by Chapter 125, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 101 - Title.

Effective 5/9/2017
75-11-101.
Title.
This chapter may be cited as the "Uniform Fiduciary Access to Digital Assets Act."
Enacted by Chapter 16, 2017 General Session
Technically renumbered to avoid duplication of section number also enacted in HB21, Chapter 125.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 103 - Applicability.

Effective 5/9/2017
75-11-103.
Applicability.
(1) This chapter applies to:
(a) a fiduciary or agent acting under a will or power of attorney executed before, on, or after May 9, 2017;
(b) a personal representative acting for a decedent who died before, on, or after May 9, 2017;
(c) a conservatorship or guardianship proceeding commenced before, on, or after May 9, 2017; and
(d) a trustee acting under a trust created before, on, or after May 9, 2017.
(2) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
(3) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
Enacted by Chapter 16, 2017 General Session
Technically renumbered to avoid duplication of section number also enacted in HB21, Chapter 125.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 104 - User direction for disclosure of digital assets.

Effective 5/9/2017
75-11-104.
User direction for disclosure of digital assets.
(1) A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(2) If a user has not used an online tool to give direction under Subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.
(3) A user's direction under Subsection (1) or (2) overrides a contrary provision in a terms of service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
Enacted by Chapter 16, 2017 General Session
Technically renumbered to avoid duplication of section number also enacted in HB21, Chapter 125.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 105 - Terms of service agreement.

Effective 5/9/2017
75-11-105.
Terms of service agreement.
(1) This chapter does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user.
(2) This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
(3) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms of service agreement if the user has not provided direction under Section 75-11-104.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 106 - Procedure for disclosing digital assets.

Effective 5/9/2017
75-11-106.
Procedure for disclosing digital assets.
(1) When disclosing digital assets of a user under this chapter, the custodian may at the custodian's sole discretion:
(a) grant a fiduciary or designated recipient full access to the user's account;
(b) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or
(c) provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(2) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
(3) A custodian need not disclose under this chapter a digital asset deleted by a user.
(4) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
(a) a subset limited by date of the user's digital assets;
(b) all of the user's digital assets to the fiduciary or designated recipient;
(c) none of the user's digital assets; or
(d) all of the user's digital assets to the court for review in camera.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 107 - Disclosure of content of electronic communications of deceased user.

Effective 5/9/2017
75-11-107.
Disclosure of content of electronic communications of deceased user.
If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order;
(4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) evidence linking the account to the user; or
(c) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in Subsection (5)(a);
(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Sec. 2701 et seq., 47 U.S.C. Sec. 222, or other applicable law;
(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 108 - Disclosure of other digital assets of deceased user.

Effective 5/9/2017
75-11-108.
Disclosure of other digital assets of deceased user.
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letter of appointment of the representative, a small estate affidavit, or court order; and
(4) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) evidence linking the account to the user;
(c) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(d) a finding by the court that:
(i) the user had a specific account with the custodian, identifiable by the information specified in Subsection (4)(a); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 109 - Disclosure of content of electronic communications of principal.

Effective 5/9/2017
75-11-109.
Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(b) evidence linking the account to the principal.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 110 - Disclosure of other digital assets of principal.

Effective 5/9/2017
75-11-110.
Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets, or general authority to act on behalf of a principal, a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(b) evidence linking the account to the principal.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 111 - Disclosure of digital assets held in trust when trustee is original user.

Effective 5/9/2017
75-11-111.
Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 112 - Disclosure of contents of electronic communications held in trust when trustee not original user.

Effective 5/9/2017
75-11-112.
Disclosure of contents of electronic communications held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under Section 75-7-1013 that includes consent to disclosure of the content of electronic communications to the trustee;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) evidence linking the account to the trust.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 113 - Disclosure of other digital assets held in trust when trustee not original user.

Effective 5/9/2017
75-11-113.
Disclosure of other digital assets held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the trust instrument or a certification of the trust under Section 75-7-1013;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(b) evidence linking the account to the trust.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 114 - Disclosure of digital assets to conservator or guardian of protected person.

Effective 5/8/2018
75-11-114.
Disclosure of digital assets to conservator or guardian of protected person.
(1) After an opportunity for a hearing under Chapter 5, Protection of Persons Under Disability and Their Property, the court may grant a conservator or guardian access to the digital assets of a protected person.
(2) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator or guardian gives the custodian:
(a) a written request for disclosure in physical or electronic form;
(b) a certified copy of the court order that gives the conservator or guardian authority over the digital assets of the protected person; and
(c) if requested by the custodian:
(i) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(ii) evidence linking the account to the protected person.
(3) A conservator or guardian with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person's property.
Amended by Chapter 27, 2018 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 115 - Fiduciary duty and authority.

Effective 5/9/2017
75-11-115.
Fiduciary duty and authority.
(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(a) the duty of care;
(b) the duty of loyalty; and
(c) the duty of confidentiality.
(2) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(a) except as otherwise provided in Section 75-11-104, is subject to the applicable terms of service;
(b) is subject to other applicable law, including copyright law;
(c) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(d) may not be used to impersonate the user.
(3) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms of service agreement.
(4) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws.
(5) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:
(a) has the right to access the property and any digital asset stored in it; and
(b) is an authorized user for the purpose of computer fraud and unauthorized computer access laws.
(6) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(7) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:
(a) if the user is deceased, a certified copy of the death certificate of the user;
(b) a certified copy of the letter of appointment of the representative, a small estate affidavit, or court order, power of attorney, or trust giving the fiduciary authority over the account; and
(c) if requested by the custodian:
(i) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(ii) evidence linking the account to the user; or
(iii) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in Subsection (7)(c)(i).
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 116 - Custodian compliance and immunity.

Effective 5/9/2017
75-11-116.
Custodian compliance and immunity.
(1) Not later than 60 days after receipt of the information required under Sections 75-11-107 through 75-11-115, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(2) An order under Subsection (1) directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. Sec. 2702.
(3) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(4) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(5) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that:
(a) specifies that an account belongs to the protected person or principal;
(b) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(c) contains a finding required by law other than this chapter.
(6) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 117 - Uniformity of application and construction.

Effective 5/9/2017
75-11-117.
Uniformity of application and construction.
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.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 11 - Uniform Fiduciary Access to Digital Assets Act › Section 118 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 5/9/2017
75-11-118.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the 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 or 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act or 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.