reglab/statecodes huggingface dataset:
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 5 - Deposits › Section 502 - Delivery request for loaned water rights in water bank.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-502.
Delivery request for loaned water rights in water bank.
(1) A borrower may use water from a water bank for any use within the water bank's service area consistent with the objectives in Section 73-31-104 and the conditions, if any, of the underlying approved change application.
(2) A borrower shall make use of a banked water right by submitting a delivery request to the water bank that complies with the water bank's requirements.
(3) The state engineer administratively supervises delivery of water to a borrower. The state engineer may:
(a) review an approved delivery request at any point in time to ensure the delivery request complies with a state engineer order approving water rights for use in the water bank, established distribution procedures based on priority, or both; and
(b) restrict delivery of loaned water rights if the approved delivery request causes impairment to other water users.
(4) A water bank shall keep a daily accounting of loaned water rights.
(5) A water bank shall refer known illegal water use actions to the state engineer's enforcement program pursuant to Section 73-2-25.
(6) A water bank is responsible for the payment of all distribution costs assessed for the delivery of a banked water right under Section 73-5-1.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 5 - Deposits › Section 503 - State engineer enforcement.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-503.
State engineer enforcement.
This chapter does not limit or impair the state engineer's enforcement powers set forth in Section 73-2-25.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 32 - Great Salt Lake Commissioner Act › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
73-32-101.
Definitions.
As used in this chapter:
(1) "Account" means the Great Salt Lake Account created in Section 73-32-304.
(2) "Commissioner" means the Great Salt Lake commissioner appointed under Section 73-32-201.
(3) "Council" means the Great Salt Lake Advisory Council created in Section 73-32-302.
(4) "Department" means the Department of Natural Resources.
(5) "Office" means the Office of the Great Salt Lake Commissioner created in Section 73-32-301.
(6) "State agency" means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government.
(7) "Strategic plan" means the plan prepared by the commissioner under Sections 73-32-202 and 73-32-204.
Enacted by Chapter 205, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 32 - Great Salt Lake Commissioner Act › Part 2 - Commissioner › Section 201 - Great Salt Lake commissioner appointment.

Effective 7/1/2023
73-32-201.
Great Salt Lake commissioner appointment.
(1)
(a) The governor shall appoint a Great Salt Lake commissioner with the advice and consent of the Senate.
(b) Before the governor appoints the commissioner under this section, the governor shall consult with the speaker of the House of Representatives and the president of the Senate concerning the selection of potential candidates for the position of commissioner.
(2) The commissioner shall serve a term of six years and may be appointed to more than one term, but shall be subject to removal at the pleasure of the governor.
(3) The governor shall establish the commissioner's compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Enacted by Chapter 205, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 32 - Great Salt Lake Commissioner Act › Part 2 - Commissioner › Section 202 - Duties and authorizations of the commissioner.

Effective 7/1/2023
73-32-202.
Duties and authorizations of the commissioner.
(1) The commissioner shall:
(a) subject to Section 73-32-204, prepare an approved strategic plan for the long-term health of the Great Salt Lake and update the strategic plan regularly;
(b) oversee the execution of the strategic plan by other state agencies as provided in Section 73-32-203;
(c) maintain information that measures Great Salt Lake levels, salinity, and overall health;
(d) meet regularly with the executive director of the department and with the executive director of the Department of Environmental Quality;
(e) consult with the Division of Forestry, Fire, and State Lands regarding Title 65A, Chapter 16, Great Salt Lake Watershed Enhancement Program;
(f) monitor the integrated water assessment conducted under Chapter 10g, Part 4, Great Salt Lake Watershed Integrated Water Assessment;
(g) inform the governor, the president of the Senate, and the speaker of the House of Representatives, at least annually, about the status of the strategic plan and the progress regarding implementation of the strategic plan;
(h) at least annually report to the Executive Appropriations Committee regarding the expenditure of money under this chapter;
(i) coordinate and work collaboratively with water conservancy districts that serve water users within the Great Salt Lake watershed; and
(j) annually report to the Natural Resources, Agriculture, and Environment Interim Committee regarding the activities of the commissioner.
(2) The commissioner may:
(a) access information from other state or federal agencies related to the Great Salt Lake;
(b) develop cooperative agreements between the state, political subdivisions, and agencies of the federal government for involvement in the strategic plan;
(c) produce research, documents, maps, studies, analysis, or other information that supports the strategic plan for the Great Salt Lake;
(d) facilitate and coordinate the exchange of information, comments, and recommendations on Great Salt Lake policies between and among:
(i) state agencies;
(ii) political subdivisions;
(iii) institutions of higher education that conduct research relevant to the Great Salt Lake;
(iv) nonprofit entities; and
(v) private business;
(e) communicate with the Great Salt Lake Watershed Council created under Chapter 10g, Part 3, Watershed Councils Act; and
(f) perform other duties that the commissioner considers necessary or expedient to carry out the purposes of this chapter.
(3) In fulfilling the duties under this chapter, the commissioner shall consult and coordinate, as necessary, with:
(a) the department;
(b) the Department of Agriculture and Food;
(c) the Department of Environmental Quality;
(d) other applicable state agencies;
(e) political subdivisions of the state;
(f) federal agencies;
(g) elected officials; and
(h) local tribal officials.
Enacted by Chapter 205, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 32 - Great Salt Lake Commissioner Act › Part 2 - Commissioner › Section 203 - Relationship to other state agencies.

Effective 7/1/2023
73-32-203.
Relationship to other state agencies.
(1) A state agency shall cooperate with the commissioner, including providing information to the commissioner, to the extent not prohibited by federal or state law, at the commissioner's request.
(2) To the extent not prohibited by federal law and notwithstanding any other provision of state law, the commissioner may require a state agency to take action or refrain from acting to benefit the health of the Great Salt Lake to comply with the strategic plan.
(3) This chapter may not be interpreted to override, substitute, or modify a water right within the state or the role and authority of the state engineer.
(4)
(a) This Subsection (4) applies if:
(i) the commissioner determines that an action or failure to act by the Department of Environmental Quality may negatively impact the health of the Great Salt Lake, as established by the strategic plan; and
(ii) the Department of Environmental Quality refuses to act or refrain from action because the Department of Environmental Quality believes it would jeopardize a delegation agreement entered into by the Department of Environmental Quality with the United States Environmental Protection Agency.
(b) If the conditions of Subsection (4)(a) are met, the commissioner shall inform:
(i) the governor;
(ii) the speaker of the House of Representatives; and
(iii) the president of the Senate.
(c) The Department of Environmental Quality may inform the governor, the speaker of the House of Representatives, and the president of the Senate of the need for the Department of Environmental Quality to take the action or refrain from the action described in Subsection (4)(a).
(d) The governor may review the information provided under this Subsection (4) and take action to resolve the issue raised by the commissioner under Subsection (4)(b).
(e) If the conditions of Subsection (4)(a) are not met, the Department of Environmental Quality shall comply with Subsection (2).
Enacted by Chapter 205, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 32 - Great Salt Lake Commissioner Act › Part 2 - Commissioner › Section 204 - Strategic plan.

Effective 7/1/2023
73-32-204.
Strategic plan.
(1)
(a) In accordance with this section, the commissioner shall prepare a strategic plan and obtain the approval of the governor of that strategic plan.
(b) A strategic plan prepared by the commissioner may not be implemented until the governor approves the strategic plan, except as provided in Subsection (5).
(2) The commissioner shall base the strategic plan on a holistic approach that balances the diverse interests related to the health of the Great Salt Lake, and includes provisions concerning:
(a) coordination of efforts related to the Great Salt Lake;
(b) a sustainable water supply for the Great Salt Lake, while balancing competing needs;
(c) human health and quality of life;
(d) a healthy ecosystem;
(e) economic development;
(f) water conservation, including municipal and industrial uses and agricultural uses;
(g) water and land use planning;
(h) regional water sharing; and
(i) other provisions that the commissioner determines would be for the benefit of the Great Salt Lake.
(3)
(a) The commissioner shall obtain the approval of the governor of an initial strategic plan by no later than December 31, 2023.
(b) On or before November 30, 2023, the commissioner shall submit an initial strategic plan to the governor, speaker of the House of Representatives, and the president of the Senate.
(c) The governor shall approve the strategic plan by no later than December 31, 2023, if the governor determines that the initial strategic plan satisfies this chapter.
(d) By no later than January 15, 2024, the commissioner shall provide the following a copy of the initial strategic plan approved by the governor under Subsection (3)(c):
(i) the Natural Resources, Agriculture, and Environment Interim Committee;
(ii) the department;
(iii) the Department of Environmental Quality; and
(iv) the Department of Agriculture and Food.
(4) The governor may approve a strategic plan only after consulting with the speaker of the House of Representatives and the president of the Senate.
(5) Once a strategic plan is approved by the governor, the commissioner may make substantive changes to the strategic plan without the approval of the governor, except that the commissioner shall:
(a) inform the governor, the speaker of the House of Representatives, and the president of the Senate of a substantive change to the strategic plan; and
(b) submit the strategic plan every five years for the approval of the governor in a process that is consistent with Subsection (3).
(6) The commissioner may work with the Division of Forestry, Fire, and State Lands in coordinating the comprehensive management plan created under Section 65A-10-203 with the strategic plan.
Enacted by Chapter 205, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 32 - Great Salt Lake Commissioner Act › Part 3 - Administration › Section 301 - Office of the Great Salt Lake Commissioner.

Effective 7/1/2023
73-32-301.
Office of the Great Salt Lake Commissioner.
(1) There is created the Office of the Great Salt Lake Commissioner.
(2) The office shall:
(a) provide staff support to the commissioner; and
(b) operate under the supervision of the commissioner.
(3) The department shall provide office space, furnishings, and supplies to the commissioner, the office, and support staff for the office.
Enacted by Chapter 205, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 32 - Great Salt Lake Commissioner Act › Part 3 - Administration › Section 302 - Advisory council created -- Staffing -- Per diem and travel expenses.

Affected by 63I-1-273 on 7/1/2027
Effective 7/1/2023
73-32-302.
Advisory council created -- Staffing -- Per diem and travel expenses.
(1) There is created an advisory council known as the "Great Salt Lake Advisory Council" consisting of 11 members listed in Subsection (2).
(2)
(a) The governor shall appoint the following members, with the advice and consent of the Senate:
(i) one representative of industry representing the extractive industry;
(ii) one representative of industry representing aquaculture;
(iii) one representative of conservation interests;
(iv) one representative of a migratory bird protection area as defined in Section 23A-13-101;
(v) one representative who is an elected official from municipal government, or the elected official's designee;
(vi) five representatives who are elected officials from county government, or the elected official's designee, one each representing:
(A) Box Elder County;
(B) Davis County;
(C) Salt Lake County;
(D) Tooele County; and
(E) Weber County; and
(vii) one representative of a publicly owned treatment works.
(3)
(a) Except as required by Subsection (3)(b), each member shall serve a four-year term.
(b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment, the governor shall adjust the length of terms of voting members to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term with the advice and consent of the Senate.
(d) A member shall hold office until the member's successor is appointed and qualified.
(4) The council shall determine:
(a) the time and place of meetings; and
(b) any other procedural matter not specified in this chapter.
(5)
(a) Attendance of six members at a meeting of the council constitutes a quorum.
(b) A vote of the majority of the members present at a meeting when a quorum is present constitutes an action of the council.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) The office, the department, and the Department of Environmental Quality shall coordinate and provide necessary staff assistance to the council.
Amended by Chapter 34, 2023 General Session
Renumbered and Amended by Chapter 205, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 32 - Great Salt Lake Commissioner Act › Part 3 - Administration › Section 303 - Duties of the council.

Affected by 63I-1-273 on 7/1/2027
Effective 7/1/2023
73-32-303.
Duties of the council.
(1)
(a) The council shall advise the persons listed in Subsection (1)(b) on the sustainable use, protection, and development of the Great Salt Lake in terms of balancing:
(i) sustainable use;
(ii) environmental health; and
(iii) reasonable access for existing and future development.
(b) The council shall advise, as provided in Subsection (1)(a):
(i) the governor;
(ii) the Department of Natural Resources;
(iii) the Department of Environmental Quality; and
(iv) the commissioner.
(2) The council shall assist the Division of Forestry, Fire, and State Lands in the Division of Forestry, Fire, and State Land's responsibilities for the Great Salt Lake described in Sections 65A-10-203 and 65A-10-204.
(3) The council:
(a) may recommend appointments to the Great Salt Lake technical team created by the Division of Forestry, Fire, and State Lands; and
(b) shall receive and use technical support from the Great Salt Lake technical team.
(4) The council shall assist the department, the Department of Environmental Quality, and their applicable boards in accomplishing their responsibilities for the Great Salt Lake.
(5) The council shall report annually to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee on the council's activities.
Renumbered and Amended by Chapter 205, 2023 General Session
Amended by Chapter 208, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 32 - Great Salt Lake Commissioner Act › Part 3 - Administration › Section 304 - Great Salt Lake Account.

Effective 7/1/2023
73-32-304.
Great Salt Lake Account.
(1) As used in this section ;
(a) "Mineral" includes a chemical compound that includes an element or mineral.
(b) "Mining" means the process of producing, extracting, leaching, evaporating, or otherwise removing a mineral from a natural deposit of the mineral.
(2)
(a) There is created within the General Fund a restricted account known as the "Great Salt Lake Account" consisting of:
(i) revenues deposited into the account under Subsection (3);
(ii) appropriations from the Legislature; and
(iii) interest and other earnings described in Subsection (2)(b).
(b) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.
(3) The Division of Forestry, Fire, and State Lands shall deposit into the account the royalty income received by the state from mining that occurs on or after July 1, 2022, of a mineral from the sovereign lands of the Great Salt Lake if during the fiscal year beginning July 1, 2020, the state did not receive royalty income from the mining of that same mineral from the sovereign lands of the Great Salt Lake.
(4) Upon appropriation by the Legislature, money in the account may be used to:
(a) manage the water levels of the Great Salt Lake; and
(b) fund the activities of the commissioner and office under this chapter.
Renumbered and Amended by Chapter 205, 2023 General Session
Amended by Chapter 208, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 1 - Short Title, Construction, and General Provisions › Section 101 - Short title.

75-1-101.
Short title.
This title shall be known and may be cited as the "Utah Uniform Probate Code."
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 1 - Short Title, Construction, and General Provisions › Section 102 - Purposes -- Rule of construction.

75-1-102.
Purposes -- Rule of construction.
(1) This code shall be liberally construed and applied to promote its underlying purposes and policies.
(2) The underlying purposes and policies of this code are:
(a) To simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;
(b) To discover and make effective the intent of a decedent in distribution of his property;
(c) To promote a speedy and efficient system for administering the estate of the decedent and making distribution to his successors;
(d) To facilitate use and enforcement of certain trusts; and
(e) To make uniform the law among the various jurisdictions.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 1 - Short Title, Construction, and General Provisions › Section 103 - Supplementary general principles of law applicable.

75-1-103.
Supplementary general principles of law applicable.
Unless displaced by the particular provisions of this code, the principles of law and equity supplement its provisions.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 1 - Short Title, Construction, and General Provisions › Section 104 - Severability.

75-1-104.
Severability.
If any provision of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared to be severable.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 1 - Short Title, Construction, and General Provisions › Section 105 - Construction against implied repeal.

75-1-105.
Construction against implied repeal.
This code is a general act intended as a unified coverage of its subject matter, and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 1 - Short Title, Construction, and General Provisions › Section 106 - Effect of fraud and evasion.

75-1-106.
Effect of fraud and evasion.
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within three years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 1 - Short Title, Construction, and General Provisions › Section 107 - Evidence of death or status.

Effective 5/3/2023
75-1-107.
Evidence of death or status.
(1) In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:
(a) Death occurs when an individual is determined to be dead as provided in Section 26B-8-132.
(b) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.
(c) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
(d) In the absence of prima facie evidence of death under Subsection (1)(b) or (c), the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(e) An individual whose death is not established under Subsection (1)(a), (b), (c) or (d) who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
(f) In the absence of evidence disputing the time of death stated on a document described in Subsection (1)(b) or (c), a document described in Subsection (1)(b) or (c) that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
(2) The right and duty to control the disposition of a deceased person shall be governed by Sections 58-9-601 through 58-9-604.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 1 - Short Title, Construction, and General Provisions › Section 108 - Acts by holder of general power.

75-1-108.
Acts by holder of general power.
For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 1 - Short Title, Construction, and General Provisions › Section 110 - Cost of living adjustment of certain dollar amounts.

75-1-110.
Cost of living adjustment of certain dollar amounts.
(1) In this section:
(a) "CPI" means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI-U), U.S. City Average, reported by the Bureau of Labor Statistics, United States Department of Labor or its successor or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index adopted by the Administrative Office of the Courts.
(b) "Reference base index" means the CPI for calendar year 2009.
(2) The dollar amounts stated in Subsection 75-2-202(2) and Sections 75-2-102, 75-2-402, 75-2-403, and 75-2-405 apply to the estate of a decedent who died in or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts shall be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If any increase or decrease produced by the computation is not a multiple of $100, the increase or decrease is rounded down, if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of Section 75-2-405, the periodic installment amount is the lump sum amount divided by 12. If the CPI for 2009 is changed by the Bureau of Labor Statistics, the reference base index shall be revised using the rebasing factor reported by the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported.
(3) Before February 1, 2011, and before February 1 of each succeeding year, the Administrative Office of the Courts shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2011, of each dollar amount as increased or decreased under this section.
Enacted by Chapter 93, 2010 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 301 - Territorial application.

75-1-301.
Territorial application.
Except as otherwise provided in this code, this code applies to:
(1) The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state;
(2) The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state;
(3) Incapacitated persons and minors in this state;
(4) Survivorship and related accounts in this state; and
(5) Trusts subject to administration in this state.
Amended by Chapter 30, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 302 - Subject matter jurisdiction.

75-1-302.
Subject matter jurisdiction.
(1) To the full extent permitted by the Constitution of Utah, the court has jurisdiction over all subject matter relating to:
(a) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons;
(b) protection of minors and incapacitated persons; and
(c) trusts.
(2) The court has full power to make orders, judgments, and decrees and take all other action necessary and proper to administer justice in the matters which come before it.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 303 - Venue -- Multiple proceedings -- Transfer -- Orders and hearings.

75-1-303.
Venue -- Multiple proceedings -- Transfer -- Orders and hearings.
(1) Where a proceeding under this code could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.
(2) If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided; and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
(3) If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.
(4) The judge of the court in which any proceeding under this code is pending may make any order relating to the proceeding in chambers at any place in his district, and the order shall have the same force and effect as if made by the court sitting in the proper county. The hearing of any matter requiring notice shall be had at the time and place appointed or at the time to which the same may be postponed, except that where there is no contest or where all the parties consent, the hearing may be had at any place within the judicial district in which the matter is pending.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 304 - Practice in court.

75-1-304.
Practice in court.
Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under this code.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 305 - Records and certified copies.

75-1-305.
Records and certified copies.
The clerk of the court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the registrar or court, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk must issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in this state and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 306 - Jury trial.

75-1-306.
Jury trial.
(1) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a statutory or constitutional right to trial by jury.
(2) If there is no right to trial by jury under Subsection (1) of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 307 - Registrar.

75-1-307.
Registrar.
The registrar shall be a judge of the court.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 308 - Appeals.

75-1-308.
Appeals.
Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to the appeals to the Supreme Court in equity cases from the court of general jurisdiction, except that in proceedings where jury trial has been had as a matter of right, the rules applicable to the scope of review in jury cases apply.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 309 - Oath or affirmation on filed documents.

75-1-309.
Oath or affirmation on filed documents.
Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed; and penalties for perjury may follow deliberate falsification therein.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 310 - Costs -- In discretion of court.

75-1-310.
Costs -- In discretion of court.
When not otherwise prescribed in this code, the court, or the Supreme Court on appeal from the court, may, in its discretion, order costs to be paid by any party to the proceedings or out of the assets of the estate as justice may require.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 311 - Consent to jurisdiction.

75-1-311.
Consent to jurisdiction.
By submitting an application for informal probate or appointment or a petition for formal probate, adjudication of intestacy, or appointment the applicant or petitioner subjects himself to the jurisdiction of the court in all matters arising under this code. Notice of any proceeding sought to be maintained against the applicant or petitioner pursuant to his submission to jurisdiction shall be delivered to him or mailed to him by ordinary first-class mail at his address as it is known to the moving party or as listed in the application or petition or as thereafter reported to the court.
Amended by Chapter 194, 1977 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 3 - Scope, Jurisdiction, and Courts › Section 312 - Alternative resolution of disputes.

75-1-312.
Alternative resolution of disputes.
(1) A will, trust, or power of attorney may include a provision, enforceable by a court, that requires the resolution of disputes between or among beneficiaries and fiduciaries of the will, trust, or power of attorney, or any combination of those persons or entities, outside of a court of record.
(2) The resolution of disputes outside the court may include any procedure, writing, or agreement, not contrary to or prohibited by law, found or referred to in a will, trust, or power of attorney, the purpose of which is to resolve disputes between or among the beneficiaries and fiduciaries of a will, trust, or power of attorney, or any combination of those persons or entities, outside of a court of record.
(3) Unless terms in a dispute resolution procedure, writing, or agreement require binding arbitration, nothing in the writing or agreement shall prevent beneficiaries or fiduciaries, upon satisfaction of the required terms of the dispute resolution procedure, writing, or agreement, from seeking resolution of unresolved disputes in a court of record.
Enacted by Chapter 369, 2013 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 4 - Notice, Parties, and Representation in Estate Litigation and Other Matters › Section 401 - Notice -- Method and time of giving.

Effective 5/3/2023
75-1-401.
Notice -- Method and time of giving.
(1) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney. Notice shall be given by the clerk posting a copy of the notice for the 10 consecutive days immediately preceding the time set for the hearing in at least three public places in the county, one of which must be at the courthouse of the county and:
(a)
(i) by the clerk mailing a copy thereof at least 10 days before the time set for the hearing by certified, registered, or ordinary first class mail addressed to the person being notified at the post-office address given in the demand for notice, if any, or at the person's office or place of residence, if known; or
(ii) by delivering a copy thereof to the person being notified personally at least 10 days before the time set for the hearing; and
(b) if the address, or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing for the county where the hearing is to be held, as a class A notice under Section 63G-30-102, for at least 10 days before the day of the hearing.
(2) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(3) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 4 - Notice, Parties, and Representation in Estate Litigation and Other Matters › Section 402 - Notice -- Waiver.

75-1-402.
Notice -- Waiver.
A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. If there is no conflict of interest and no conservator or guardian has been appointed, a parent may waive notice for his minor child.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 1 - General Provisions, Definitions, and Probate Jurisdiction of Court › Part 4 - Notice, Parties, and Representation in Estate Litigation and Other Matters › Section 404 - Publication in newspapers.

75-1-404.
Publication in newspapers.
Newspapers shall publish all notices of proceedings under the code under the heading "Probate, Guardianship, Conservator and Trust Notices. Consult clerk of the court or the respective signers for further information." These notices shall be published as often during the prescribed period as the paper is regularly issued, unless otherwise provided by law or directed by the court, and as far as possible in one column in the alphabetical order of the surnames of decedents, wards, incapacitated persons, and creators of trusts.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 1 - Intestate Succession › Section 101 - Intestate succession.

75-2-101.
Intestate succession.
(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as provided in this title, except as modified by the decedent's will.
(2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.
Repealed and Re-enacted by Chapter 39, 1998 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 1 - Intestate Succession › Section 102 - Intestate share of spouse.

75-2-102.
Intestate share of spouse.
(1) The intestate share of a decedent's surviving spouse is:
(a) the entire intestate estate if:
(i) no descendant of the decedent survives the decedent; or
(ii) all of the decedent's surviving descendants are also descendants of the surviving spouse;
(b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.
(2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.
Amended by Chapter 93, 2010 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 1 - Intestate Succession › Section 104 - Requirement of survival by 120 hours -- Individual in gestation.

75-2-104.
Requirement of survival by 120 hours -- Individual in gestation.
(1) For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in Subsection (2), the following rules apply:
(a) An individual born before a decedent's death who fails to survive the decedent by 120 hours is considered to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual born before the decedent's death survived the decedent by 120 hours, it is considered that the individual failed to survive for the required period.
(b) An individual in gestation at a decedent's death is considered to be living at the decedent's death if the individual lives 120 hours after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived 120 hours after birth, it is considered that the individual failed to survive for the required period.
(2) This section does not apply if its application would cause the estate to pass to the state under Section 75-2-105.
Amended by Chapter 93, 2010 General Session