Probate Amendments

New protections for people selling inheritance rights

Beginning May 7, 2025, Utah law protects estate beneficiaries who sell inheritance rights to buyers who regularly purchase estate interests. Agreements must be written in at least 10-point type and state the payment and the rights sold. They must also disclose any reduction in the buyer’s share for distributions made before a specified date. Buyers cannot demand protection from liability except for beneficiary fraud, or authority beyond the rights purchased. They cannot charge for unrelated or extra services. Buyers cannot seek repayment for an estate shortfall, except for expenses or damages from the beneficiary’s material breach or fraud. Buyers generally must give beneficiaries a copy and file it with the probate court within 30 days after signing. If estate administration has not begun, that deadline is 30 days after the court issues papers authorizing estate administration. Both steps must occur at least 15 days before the final-distribution hearing. Buyers must notify the estate’s personal representative or their attorney. Public filings must hide beneficiaries’ identifying details except their names and addresses. If negotiations occurred in another language, buyers must provide both an English copy and a translation. Beneficiaries have 10 calendar days after receiving the agreement to object. Without an objection, the court generally allows the transfer. Courts may investigate and change distribution terms for substantial noncompliance, grossly unreasonable fees or payment, pressure, fraud, or improper influence. For willful, bad-faith violations, courts may order buyers to pay beneficiaries up to twice the amount paid for the rights. Exemptions cover transfers to fellow beneficiaries, specified relatives or registered domestic partners, and people with claims under another document or inheritance law. Transactions covered by Utah’s consumer credit law and purchases solely for missing-heir locating services or information are also exempt. Utah filing is not required when probate is pending in another state without a pending Utah probate case.