reglab/statecodes huggingface dataset:
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 14 - Uniform Electronic Wills Act › Section 1408 - Electronic will attested and made self-proving at time of execution.

Effective 8/31/2020
75-2-1408.
Electronic will attested and made self-proving at time of execution.
(1) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses.
(2) The acknowledgment and affidavits under Subsection (1) shall be:
(a) made before an officer authorized to administer oaths under law of the state in which execution occurs, regardless of whether that officer is also a witness to the electronic will; and
(b) evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will.
(3) The acknowledgment and affidavits under Subsection (1) shall be in substantially the following form:
I, ____________, the testator, and, being sworn, declare to the undersigned officer that I sign this instrument as my electronic will, I willingly sign this instrument or willingly direct another individual to sign this instrument for me, I execute it as my voluntary act for the purposes expressed in this instrument, and I am 18 years old or older, of sound mind, and under no constraint or undue influence.
____________ Testator
We, ____________ and ____________, the witnesses, being sworn, declare to the undersigned officer that the testator signed this instrument as the testator's electronic will, that the testator willingly signed this instrument or willingly directed another individual to sign for the testator, and that each of us, in the physical or electronic presence of the testator, signs this instrument as witness to the testator's signing, and to the best of our knowledge the testator is 18 years old or older, of sound mind, and under no constraint or undue influence. ___________ Witness ___________ Witness
Certificate of officer:
State of ____________
County of ___________
Subscribed, sworn to, and acknowledged before me by ___________, the testator, and subscribed and sworn to before me by ____________ and ____________, witnesses, this _________ day of __________, ____. ____________ Signed ____________ Capacity of Officer
(4) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under this part is deemed a signature of the electronic will under Subsection 75-2-1405(1).
(5) To the extent that this section conflicts with Title 46, Chapter 1, Notaries Public Reform Act, this section supersedes Title 46, Chapter 1, Notaries Public Reform Act.
Enacted by Chapter 1, 2020 Special Session 6
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 14 - Uniform Electronic Wills Act › Section 1409 - Certification of paper copy.

Effective 8/31/2020
75-2-1409.
Certification of paper copy.
(1) An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will.
(2) If the electronic will is made self-proving, the certified paper copy of the will shall include the self-proving affidavits.
Enacted by Chapter 1, 2020 Special Session 6
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 14 - Uniform Electronic Wills Act › Section 1410 - Uniformity of application and construction.

Effective 8/31/2020
75-2-1410.
Uniformity of application and construction.
In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of this uniform act among states that enact this uniform act.
Enacted by Chapter 1, 2020 Special Session 6
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2 - Intestate Succession and Wills › Part 14 - Uniform Electronic Wills Act › Section 1411 - Transitional provision.

Effective 8/31/2020
75-2-1411.
Transitional provision.
This part applies to the will of a decedent who dies on or after the effective date of this part.
Enacted by Chapter 1, 2020 Special Session 6
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 102 - Intent statement.

75-2a-102.
Intent statement.
(1) The Legislature finds:
(a) developments in health care technology make possible many alternatives for treating medical conditions and make possible the unnatural prolongation of life;
(b) an adult should have the clear legal choice to:
(i) accept or reject health care, even if rejecting health care will result in death sooner than death would be expected to occur if rejected health care were started or continued;
(ii) be spared unwanted procedures; and
(iii) be permitted to die with a maximum of dignity and function and a minimum of pain;
(c) Utah law should:
(i) provide an adult with a legal tool to designate a health care agent and express preferences about health care options to go into effect only after the adult loses the ability to make or communicate health care decisions, including decisions about end-of-life care; and
(ii) promote an advance health care directive system that can be administered effectively within the health care system;
(d) surrogate decisions made on behalf of an adult who previously had capacity to make health care decisions, but who has lost health care decision making capacity should be based on:
(i) input from the incapacitated adult, to the extent possible under the circumstances;
(ii) specific preferences expressed by the adult prior to the loss of health care decision making capacity;
(iii) the surrogate's understanding of the adult's health care preferences; and
(iv) the surrogate's understanding of what the adult would have wanted under the circumstances; and
(e) surrogate decisions made on behalf of an adult who has never had health care decision making capacity should be made on the basis of the adult's best interest.
(2) In recognition of the dignity and privacy that each adult is entitled to expect, and to protect the right of an adult to refuse to be treated without the adult's consent, the Legislature declares that this state recognizes the right to make binding advance health care directives directing health care providers to:
(a) provide life sustaining medically indicated health care;
(b) withhold or withdraw health care; or
(c) provide health care only to the extent set forth in an advance health care directive.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 105 - Capacity to complete an advance health care directive.

75-2a-105.
Capacity to complete an advance health care directive.
(1) An adult is presumed to have the capacity to complete an advance health care directive.
(2) An adult who is found to lack health care decision making capacity under the provisions of Section 75-2a-104:
(a) lacks the capacity to give an advance health care directive, including Part II of the form created in Section 75-2a-117, or any other substantially similar form expressing a health care preference; and
(b) may retain the capacity to appoint an agent and complete Part I of the form created in Section 75-2a-117.
(3) The following factors shall be considered by a health care provider, attorney, or court when determining whether an adult described in Subsection (2)(b) has retained the capacity to appoint an agent:
(a) whether the adult has expressed over time an intent to appoint the same person as agent;
(b) whether the choice of agent is consistent with past relationships and patterns of behavior between the adult and the prospective agent, or, if inconsistent, whether there is a reasonable justification for the change; and
(c) whether the adult's expression of the intent to appoint the agent occurs at times when, or in settings where, the adult has the greatest ability to make and communicate decisions.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 107 - Advance health care directive -- Appointment of agent -- Powers of agent -- Health care directions.

75-2a-107.
Advance health care directive -- Appointment of agent -- Powers of agent -- Health care directions.
(1)
(a) An adult may make an advance health care directive in which the adult may:
(i) appoint a health care agent or choose not to appoint a health care agent;
(ii) give directions for the care of the adult after the adult loses health care decision making capacity;
(iii) choose not to give directions;
(iv) state conditions that must be met before life sustaining treatment may be withheld or withdrawn;
(v) authorize an agent to consent to the adult's participation in medical research;
(vi) nominate a guardian;
(vii) authorize an agent to consent to organ donation;
(viii) expand or limit the powers of a health care agent; and
(ix) designate the agent's access to the adult's medical records.
(b) An advance health care directive may be oral or written.
(c) An advance health care directive shall be witnessed by a disinterested adult. The witness may not be:
(i) the person who signed the directive on behalf of the declarant;
(ii) related to the declarant by blood or marriage;
(iii) entitled to any portion of the declarant's estate according to the laws of intestate succession of this state or under any will or codicil of the declarant;
(iv) the beneficiary of any of the following that are held, owned, made, or established by, or on behalf of, the declarant:
(A) a life insurance policy;
(B) a trust;
(C) a qualified plan;
(D) a pay on death account; or
(E) a transfer on death deed;
(v) entitled to benefit financially upon the death of the declarant;
(vi) entitled to a right to, or interest in, real or personal property upon the death of the declarant;
(vii) directly financially responsible for the declarant's medical care;
(viii) a health care provider who is:
(A) providing care to the declarant; or
(B) an administrator at a health care facility in which the declarant is receiving care; or
(ix) the appointed agent.
(d) The witness to an oral advance health care directive shall state the circumstances under which the directive was made.
(2) An agent appointed under the provisions of this section may not be a health care provider for the declarant, or an owner, operator, or employee of the health care facility at which the declarant is receiving care unless the agent is related to the declarant by blood, marriage, or adoption.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 109 - Effect of current health care preferences -- When a surrogate may act.

75-2a-109.
Effect of current health care preferences -- When a surrogate may act.
(1) An adult with health care decision making capacity retains the right to make health care decisions as long as the adult has health care decision making capacity as defined in Section 75-2a-103. For purposes of this chapter, the inability to communicate through speech does not mean that the adult lacks health care decision making capacity.
(2) An adult's current health care decisions, however expressed or indicated, always supersede an adult's prior decisions or health care directives.
(3) Unless otherwise directed in an advance health care directive, an advance health care directive or the authority of a surrogate to make health care decisions on behalf of an adult:
(a) is effective only after a physician, physician assistant, or APRN makes a determination of incapacity as provided in Section 75-2a-104;
(b) remains in effect during any period of time in which the declarant lacks capacity to make health care decisions; and
(c) ceases to be effective when:
(i) a declarant disqualifies a surrogate or revokes the advance health care directive;
(ii) a health care provider finds that the declarant has health care decision making capacity;
(iii) a court issues an order invalidating a health care directive; or
(iv) the declarant has challenged the finding of incapacity under the provisions of Subsection 75-2a-104(3).
Amended by Chapter 99, 2009 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 110 - Surrogate decision making -- Scope of authority.

75-2a-110.
Surrogate decision making -- Scope of authority.
(1) A surrogate acting under the authority of either Section 75-2a-107 or 75-2a-108 shall make health care decisions in accordance with:
(a) the adult's current preferences, to the extent possible;
(b) the adult's written or oral health care directions, if any; or
(c) the substituted judgment standard.
(2) A surrogate acting under authority of Sections 75-2a-107 and 75-2a-108:
(a) may not admit the adult to a licensed health care facility for long-term custodial placement other than for assessment, rehabilitative, or respite care over the objection of the adult; and
(b) may make health care decisions, including decisions to terminate life sustaining treatment for the adult patient in accordance with Subsection (1).
(3) A surrogate acting under authority of this section is not subject to civil or criminal liability or claims of unprofessional conduct for surrogate health care decisions made:
(a) in accordance with this section; and
(b) in good faith.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 111 - Priority of decision makers.

75-2a-111.
Priority of decision makers.
(1) The following is the order of priority of those authorized to make health care decisions on behalf of an adult who has been found to lack health care decision making capacity under Section 75-2a-104:
(a) a health care agent appointed by an adult under the provisions of Section 75-2a-107 unless the agent has been disqualified by:
(i) the adult; or
(ii) a court of law;
(b) a court-appointed guardian; or
(c) the highest priority default surrogate acting under authority of Section 75-2a-108.
(2) A health care provider or health care facility obtaining consent for health care from a surrogate shall make a reasonable effort to identify and obtain consent from the surrogate with the highest priority.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 112 - Decisions by guardian.

75-2a-112.
Decisions by guardian.
(1) A court-appointed guardian shall comply with an adult's advance health care directive and may not revoke the adult's advance health care directive unless the court, for cause, expressly revokes the adult's directive.
(2) A health care decision of an agent takes precedence over that of a guardian, in the absence of a court order to the contrary.
(3) Except as provided in Subsections (1) and (2), a health care decision made by a guardian for the adult patient is effective without judicial approval.
(4) A guardian is not subject to civil or criminal liability or to claims of unprofessional conduct for a surrogate health care decision made:
(a) in good faith; and
(b) in accordance with Section 75-2a-110.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 113 - Personal representative status.

75-2a-113.
Personal representative status.
A surrogate becomes a personal representative for an adult under the Health Insurance Portability and Accountability Act of 1996 when:
(1) the adult has been found to lack health care decision making capacity under Section 75-2a-104;
(2) the adult grants current authority to the surrogate either:
(a) in writing; or
(b) by other expression before a witness who is not the surrogate or agent; or
(3) the court appoints a guardian authorized to make health care decisions on behalf of the adult.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 114 - Revocation of directive.

75-2a-114.
Revocation of directive.
(1) An advance directive may be revoked at any time by the declarant by:
(a) writing "void" across the document;
(b) obliterating, burning, tearing, or otherwise destroying or defacing the document in any manner indicating an intent to revoke;
(c) instructing another to do one of the acts described in Subsection (1)(a) or (b);
(d) a written revocation of the directive signed and dated by:
(i) the declarant; or
(ii) an adult:
(A) signing on behalf of the declarant; and
(B) acting at the direction of the declarant; or
(e) an oral expression of an intent to revoke the directive in the presence of a witness who is age 18 years or older and who is not:
(i) related to the declarant by blood or marriage;
(ii) entitled to any portion of the declarant's estate according to the laws of intestate succession of this state or under any will or codicil of the declarant;
(iii) the beneficiary of any of the following that are held, owned, made, or established by, or on behalf of, the declarant:
(A) a life insurance policy;
(B) a trust;
(C) a qualified plan;
(D) a pay on death account; or
(E) a transfer on death deed;
(iv) entitled to benefit financially upon the death of the declarant;
(v) entitled to a right to, or interest in, real or personal property upon the death of the declarant;
(vi) directly financially responsible for the declarant's medical care;
(vii) a health care provider who is:
(A) providing care to the declarant; or
(B) an administrator at a health care facility in which the declarant is receiving care; or
(viii) the adult who will become agent or default surrogate after the revocation.
(2) A decree of annulment, divorce, dissolution of marriage, or legal separation revokes the designation of a spouse as an agent, unless:
(a) otherwise specified in the decree; or
(b) the declarant has affirmed the intent to retain the agent subsequent to the annulment, divorce, or legal separation.
(3) An advance health care directive that conflicts with an earlier advance health care directive revokes the earlier directive to the extent of the conflict.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 116 - Presumption of validity of directive.

75-2a-116.
Presumption of validity of directive.
(1) A health care directive executed under this chapter is presumed valid and binding.
(2) Health care providers and health care facilities, in the absence of notice to the contrary, shall presume that a declarant who executed a health care directive, whether or not in the presence of a health care provider, had the required decision making capacity at the time the declarant signed the directive. The fact a declarant executed a health care directive shall not be construed as an indication that the declarant was suffering from mental illness or lacked decision making capacity.
Enacted by Chapter 31, 2007 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 118 - Illegal destruction or falsification of health care directive.

75-2a-118.
Illegal destruction or falsification of health care directive.
(1) A person is guilty of a class B misdemeanor if the person:
(a) willfully conceals, cancels, defaces, obliterates, or damages a health care directive of another without the declarant's consent; or
(b) falsifies, forges, or alters a health care directive or a revocation of the health care directive of another person.
(2) A person is guilty of criminal homicide if:
(a) the person:
(i) falsifies or forges the health care directive of an adult; or
(ii) willfully conceals or withholds personal knowledge of:
(A) the existence of a health care directive;
(B) the revocation of a health care directive; or
(C) the disqualification of a surrogate; and
(b) the actions described in Subsection (2)(a) cause a withholding or withdrawal of life sustaining procedures contrary to the wishes of a declarant resulting in the death of the declarant.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 119 - Health care directive effect on insurance policies.

75-2a-119.
Health care directive effect on insurance policies.
(1) If an adult makes a health care directive under this chapter, the health care directive does not affect in any manner:
(a) the obligation of any life or medical insurance company regarding any policy of life or medical insurance;
(b) the sale, procurement, or issuance of any policy of life or health insurance; or
(c) the terms of any existing policy.
(2)
(a) Notwithstanding any terms of an insurance policy to the contrary, an insurance policy is not legally impaired or invalidated in any manner by:
(i) withholding or withdrawing life sustaining procedures; or
(ii) following directions in a health care directive executed as provided in this chapter.
(b) Following health care instructions in a health care directive does not constitute legal cause for failing to pay life or health insurance benefits. Death that occurs after following the instructions of an advance health care directive or a surrogate's instructions does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit.
(3)
(a) The following may not require an adult to execute a directive or to make any particular choices or entries in a directive under this chapter as a condition for being insured for or receiving health care or life insurance contract services:
(i) a health care provider;
(ii) a health care facility;
(iii) a health maintenance organization;
(iv) an insurer issuing disability, health, or life insurance;
(v) a self-insured employee welfare or benefit plan;
(vi) a nonprofit medical service corporation or mutual nonprofit hospital service corporation; or
(vii) any other person, firm, or entity.
(b) Nothing in this chapter:
(i) may be construed to require an insurer to insure risks otherwise considered by the insurer as not a covered risk;
(ii) is intended to impair or supersede any other legal right or legal responsibility which an adult may have to effect the withholding or withdrawal of life sustaining procedures in any lawful manner; or
(iii) creates any presumption concerning the intention of an adult who has not executed a health care directive.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 120 - Judicial relief.

75-2a-120.
Judicial relief.
A district court may enjoin or direct a health care decision, or order other equitable relief based on a petition filed by:
(1) a patient;
(2) an agent of a patient;
(3) a guardian of a patient;
(4) a default surrogate of a patient;
(5) a health care provider of a patient;
(6) a health care facility providing care for a patient; or
(7) an individual who meets the requirements of Section 75-2a-108.
Enacted by Chapter 31, 2007 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 121 - Reciprocity -- Application of former provisions of law.

75-2a-121.
Reciprocity -- Application of former provisions of law.
Unless otherwise provided in the health care directive:
(1) a health care provider or health care facility may, in good faith, rely on any health care directive, power of attorney, or similar instrument:
(a) executed in another state; or
(b) executed prior to January 1, 2008, in this state under the provisions of Chapter 2, Part 11, Personal Choice and Living Will Act;
(2) a health care directive executed under the provisions of this chapter shall be governed pursuant to the provisions of this chapter that were in effect at that time, unless it appears from the directive that the declarant intended the current provisions of this chapter to apply; and
(3) the health care directive described in Subsection (1) is presumed to comply with the requirements of this chapter.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 122 - Effect of act.

75-2a-122.
Effect of act.
The Advance Health Care Directive Act created in this chapter does not:
(1) create a presumption concerning the intention of an adult who has not made or who has revoked an advance health care directive;
(2) authorize mercy killing, assisted suicide, or euthanasia; or
(3) authorize the provision, withholding, or withdrawal of health care, to the extent prohibited by the laws of this state.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 123 - Pregnancy.

75-2a-123.
Pregnancy.
(1) A health care directive that provides for the withholding or withdrawal of life sustaining procedures has no force during the course of a declarant's pregnancy.
(2) Subsection (1) does not negate the appointment of a health care agent during the course of a declarant's pregnancy.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 124 - Provisions cumulative with existing law.

75-2a-124.
Provisions cumulative with existing law.
The provisions of this chapter are cumulative with existing law regarding a person's right to consent or refuse to consent to medical treatment and do not impair any existing rights or responsibilities that a health care provider, a person, including a minor or incapacitated person, or a person's family or surrogate may have in regard to the provision, withholding or withdrawal of life sustaining procedures under the common law or statutes of the state.
Amended by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2a - Advance Health Care Directive Act › Section 125 - Severability.

75-2a-125.
Severability.
If any one or more provision, section, subsection, sentence, clause, phrase, or word of this chapter, or the application of this chapter to any person or circumstance, is found to be unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, or word of this chapter, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.
Enacted by Chapter 107, 2008 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2b - Uniform Disposition of Community Property Rights At Death Act › Section 102 - Application.

75-2b-102.
Application.
This chapter applies to the disposition at death of the following property acquired by a married person:
(1) all personal property, wherever situated:
(a) which was acquired as or became, and remained, community property under the laws of another jurisdiction;
(b) all or the proportionate part of that property acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or
(c) traceable to that community property; and
(2) all or the proportionate part of any real property situated in this state which was acquired with the rents, issues or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property.
Enacted by Chapter 132, 2012 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2b - Uniform Disposition of Community Property Rights At Death Act › Section 103 - Rebuttable presumptions.

75-2b-103.
Rebuttable presumptions.
In determining whether this chapter applies to specific property, the following rebuttable presumptions apply:
(1) property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property, is presumed to have been acquired as or to have become, and remained, property to which this chapter applies; and
(2) real property situated in this state and personal property wherever situated acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which this chapter applies.
Enacted by Chapter 132, 2012 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2b - Uniform Disposition of Community Property Rights At Death Act › Section 104 - Disposition upon death.

75-2b-104.
Disposition upon death.
Upon the death of a married person, 1/2 of the property to which this chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. Property to which this chapter applies may not reduce, be subject to, or be used in calculating, the surviving spouse's elective share under this title.
Enacted by Chapter 132, 2012 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2b - Uniform Disposition of Community Property Rights At Death Act › Section 105 - Perfection of title of surviving spouse.

75-2b-105.
Perfection of title of surviving spouse.
If the title to any property to which this chapter applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the approval of the court. Any action to perfect title shall be brought by the surviving spouse or the surviving spouse's successors in interest within four months after written notification is received from the decedent's personal representative, or the successor trustee of the decedent's revocable trust, informing the surviving spouse of the limitations period. Neither the personal representative nor the court in which the decedent's estate is being administered has a duty to discover or attempt to discover whether property held by the decedent is property to which this chapter applies, unless a written demand is made by the surviving spouse or the spouse's successor in interest.
Enacted by Chapter 132, 2012 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2b - Uniform Disposition of Community Property Rights At Death Act › Section 106 - Perfection of title of personal representative, heir or devisee.

75-2b-106.
Perfection of title of personal representative, heir or devisee.
If the title to any property to which this chapter applies is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which this chapter applies, unless a written demand is made by an heir, devisee, or creditor of the decedent.
Enacted by Chapter 132, 2012 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2b - Uniform Disposition of Community Property Rights At Death Act › Section 107 - Purchaser for value or lender.

75-2b-107.
Purchaser for value or lender.
(1) If a surviving spouse has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property, takes the purchaser or lender's interest in the property free of any rights of the personal representative or an heir or devisee of the decedent.
(2) If a personal representative or an heir or devisee of the decedent has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser or lender's interest in the property free of any rights of the surviving spouse.
(3) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.
(4) The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.
Enacted by Chapter 132, 2012 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2b - Uniform Disposition of Community Property Rights At Death Act › Section 110 - Limitations on testamentary disposition.

75-2b-110.
Limitations on testamentary disposition.
This chapter does not authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.
Enacted by Chapter 132, 2012 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 2b - Uniform Disposition of Community Property Rights At Death Act › Section 111 - Uniformity of application and construction.

75-2b-111.
Uniformity of application and construction.
This chapter shall be applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
Enacted by Chapter 132, 2012 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 101 - Devolution of estate at death -- Restrictions.

75-3-101.
Devolution of estate at death -- Restrictions.
The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. Upon the death of a person his real and personal property devolves to persons to whom it is devised by his last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of testate estate, or in the absence of testamentary disposition, to his heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates, subject to homestead allowance, exempt property and family allowance, rights of creditors, elective share of the surviving spouse, and administration.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 102 - Necessity of order of probate for will.

75-3-102.
Necessity of order of probate for will.
Except as provided in Section 75-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:
(1) no court proceeding concerning the succession or administration of the estate was commenced during the time period for testacy proceedings; and
(2) either the devisee or the devisee's successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.
Amended by Chapter 364, 2013 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 103 - Necessity of appointment for administration.

75-3-103.
Necessity of appointment for administration.
Except as otherwise provided in Title 75, Chapter 4, Foreign Personal Representatives - Ancillary Administration, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 104 - Claims against decedent -- Necessity of administration.

75-3-104.
Claims against decedent -- Necessity of administration.
No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this Chapter 3, Probate of Wills and Administration. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in Section 75-3-1004 or from a former personal representative individually liable as provided in Section 75-3-1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 104.5 - Notice to the Office of Recovery Services.

Effective 5/3/2023
75-3-104.5.
Notice to the Office of Recovery Services.
Within 30 days after the day on which a person files an application or a petition for probate under this chapter for a decedent who was at least 55 years old, the court shall provide notice of the application or petition to the Office of Recovery Services created in Section 26B-9-103 for purposes of presentation or enforcement of a lien or claim under Section 26B-3-1013.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 105 - Proceedings affecting devolution and administration -- Jurisdiction of subject matter.

75-3-105.
Proceedings affecting devolution and administration -- Jurisdiction of subject matter.
(1) Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in formal proceedings within the court's jurisdiction, including, but not limited to those described in this chapter. The court may hear and determine formal proceedings involving administration and distribution of decedents' estates after notice to interested persons in conformity with Section 75-1-401. Persons notified are bound though less than all interested persons may have been given notice.
(2) For purposes of this code, formal proceedings involving administration and distribution of decedent's estates shall include proceedings to determine the heirs of a decedent and proceedings to construe a duly probated will of a decedent, whether or not the estate of the decedent is being, or previously has been, administered or distributed.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 106 - Scope of proceedings -- Proceedings independent -- Exception.

75-3-106.
Scope of proceedings -- Proceedings independent -- Exception.
(1) Unless supervised administration as described in Part 5, Supervised Administration, is involved:
(a) Each proceeding before the court or registrar is independent of any other proceeding involving the same estate.
(b) Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this chapter, no petition is defective because it fails to embrace all matters which might then be the subject of a final order.
(c) Proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives.
(d) A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 107 - Probate and testacy proceedings -- Ultimate time limit -- Presumption and order of intestacy.

Effective 5/8/2018
75-3-107.
Probate and testacy proceedings -- Ultimate time limit -- Presumption and order of intestacy.
(1) An informal probate proceeding or formal testacy proceeding, other than a proceeding to probate a will previously probated at the testator's domicile, may not be commenced more than three years after the decedent's death, except:
(a) if a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding;
(b) appropriate probate or testacy proceedings may be maintained in relation to the estate of an absent, disappeared, or missing person for whose estate a conservator has been appointed, at any time within three years after the conservator becomes able to establish the death of the protected person; or
(c) a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of 12 months from the informal probate or three years from the decedent's death.
(2) The limitations provided in Subsection (1) do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under Subsection (1)(a) or (b), the date on which a testacy proceeding is properly commenced shall be considered to be the date of the decedent's death for purposes of other limitations provisions of this title which relate to the date of death.
(3) If no will is probated within three years from death, the presumption of intestacy is final and the court shall upon filing a proper petition enter an order to that effect.
(4) Notwithstanding the time restriction in Subsection (1), the court has continuing jurisdiction to:
(a) determine what property was owned by the decedent at the time of death; and
(b) appoint, formally or informally, a personal representative or special administrator to administer the decedent's estate, except the following may not be presented against the estate:
(i) a homestead allowance;
(ii) exempt property;
(iii) a family allowance;
(iv) a support allowance;
(v) an elective share of the surviving spouse; and
(vi) a claim other than expenses of administration.
Amended by Chapter 244, 2018 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 108 - Statutes of limitation on decedent's cause of action.

75-3-108.
Statutes of limitation on decedent's cause of action.
No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent's death sooner than 12 months after death. A cause of action which, but for this section, would have been barred less than 12 months after death, is barred after 12 months unless tolled.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 1 - General Provisions › Section 109 - Letters upon several estates jointly.

Effective 5/9/2017
75-3-109.
Letters upon several estates jointly.
(1) Upon application or petition by any person interested in two or more estates, the registrar may, in an informal proceeding without a hearing, or the court may, in a formal proceeding after notice and hearing, grant letters upon these estates jointly if administration has not commenced with respect to the estate and if:
(a) all or any part of the estate of one decedent has descended from another decedent; or
(b) two or more decedents held any property during their lifetimes as tenants-in-common and if the persons entitled under the wills of these decedents or under the law of intestate succession to receive the estates of these decedents are the same.
(2) If letters are granted upon two or more estates jointly under this section, these estates shall be administered the same as if they were but one estate except that claims may be enforced only against the estate to which they relate.
Amended by Chapter 403, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 2 - Venue for Probate and Administration - Priority to Administer - Demand for Notice › Section 201 - Venue for first and subsequent estate proceedings -- Location of property.

75-3-201.
Venue for first and subsequent estate proceedings -- Location of property.
(1) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:
(a) In the county where the decedent had his domicile at the time of his death.
(b) If the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of his death.
(2) Venue for all subsequent proceedings involving administration and distribution of decedent's estates is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in Subsection (3) of this section or in Section 75-1-303.
(3) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court.
(4) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a nondomiciliary, is located where the debtor resides, or if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
Enacted by Chapter 150, 1975 General Session