Title 72, Title 72

(1) For purposes of this section, the following definitions apply: (a) "Abuser" means a person who participates in the willful and unlawful financial exploitation of a vulnerable adult. (b) "Disposition or appointment of property" includes a transfer of an item of property or any…

(1) As used in this section, the following definitions apply: (a) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (b) "Divorce or annulment" means any divorce, annulmen…

The court may reform the terms of a governing instrument, even if unambiguous, to conform the terms to the transferor's intention if it is proved by clear and convincing evidence what the transferor's intention was and that the terms of the governing instrument were affected by a…

To achieve the transferor's tax objectives, the court may modify the terms of a governing instrument in a manner that is not contrary to the transferor's probable intention. The court may provide that the modification has retroactive effect.

Sections 72-2-817 through 72-2-833 may be cited as the "Uniform Disclaimer of Property Interests Act".

As used in 72-2-817 through 72-2-833, the following definitions apply: (1) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. (2) "Disclaimed interest" means the interest that would have passed to the disclaim…

Sections 72-2-817 through 72-2-833 apply to disclaimers of any interest in or power over property, whenever created.

(1) Unless displaced by a provision of 72-2-817 through 72-2-833, the principles of law and equity supplement 72-2-817 through 72-2-833. (2) Sections 72-2-817 through 72-2-833 do not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over…

(1) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation…

(1) In this section: (a) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (b) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment. (2) …

(1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (a) a fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder…

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (2) If the hol…

(1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (2) A disclaimer of an interest in property by an object or taker in default of an exercis…

(1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exerc…

(1) In this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of: (a) an annuity or insurance policy; (b) an account with a designation for payment on death; (c) a security registered in beneficiary form; (d)…

(1) A disclaimer is barred by a written waiver of the right to disclaim. (2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (a) the disclaimant accepts the interest sought to be disclaimed; (b) the d…

Notwithstanding any other provision of 72-2-817 through 72-2-833, if as a result of a disclaimer or transfer the disclaimed or transferred interest is treated pursuant to the provisions of Title 26 of the United States Code, as now or hereafter amended, or any successor statute t…

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as otherwise provided in 72-2-828(7)(b), failure to fi…

Except as otherwise provided in 72-2-829, an interest in or power over property existing on October 1, 2019, as to which the time for delivering or filing a disclaimer under law superseded by 72-2-817 through 72-2-833 has not expired may be disclaimed after October 1, 2019.

Sections 72-2-817 through 72-2-833 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but do not modify, limit, or supersede section 101(c) of that act (15 U.S.C. 7001(c)) or authorize electronic delivery o…

In this part, the following definitions apply: (1) "Authorized person" and "person authorized to act in connection with international wills" means a person who by 72-2-908 or by the laws of the United States, including members of the diplomatic and consular service of the United …

(1) The form of a will is valid, regardless of the place where it is made, of the location of the assets, and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this part. (2) The inval…

(1) An international will must be made in writing. It need not be personally written by the testator. It may be written in any language, by hand, or by any other means. (2) The testator shall declare in the presence of two witnesses and of a person authorized to act in connection…

(1) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if the testator is unable to sign, by the person signing on the testator's behalf or, if there is no such person, by the authorized pers…

The authorized person shall attach to the will a certificate to be signed by the authorized person establishing that the requirements of this part for valid execution of an international will have been fulfilled. The authorized person shall keep a copy of the certificate and deli…

In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this part. The absence or irregularity of a certificate does not affect the formal validity of a will under this part.

An international will is subject to the ordinary rules of revocation of wills.

Individuals who have been admitted to practice law before the courts of this state and are currently licensed are authorized persons in relation to international wills.

The secretary of state shall establish a registry system by which authorized persons may register in a central information center information regarding the execution of international wills, keeping that information in strictest confidence until the death of the maker and then mak…

Sections 72-2-901 through 72-2-907 derive from the Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this part, regard must be given to its international origin and to the need for uniformity in its…

(1) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after 1 year from the appointment of the original personal rep…

If one or more heirs or devisees were omitted as parties in or were not given notice of a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under 72-3-1001 and after notice to the omitted or unnotified persons and …

(1) A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order of settlement of the estate that will not adjudicate the testacy status of the decedent. The personal representative …

(1) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than 6 months after the date of original appointment of a general pers…

(1) Before an estate may be finally closed and the personal representative relieved of duties and obligations, the personal representative shall either file with the court or deliver to all interested persons an accounting under oath showing the amount of money received and expen…

(1) The power of a person to leave property by will and the rights of creditors, devisees, and heirs to the person's property are subject to the restrictions and limitations contained in this code to facilitate the prompt settlement of estates. (2) Upon the death of a person, the…

Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to asser…

(1) After assets of an estate have been distributed and subject to 72-3-1013, an undischarged claim that is not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants for amounts received as exempt property, homestea…

(1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim and the right of any heir or devisee …

After the personal representative's appointment has terminated, the personal representative, the personal representative's sureties, or any successor of either, upon the filing of a verified application showing so far as is known by the applicant that an action concerning the est…

(1) If an estate has not been closed within 2 years from the date of appointment of the personal representative, the supreme court administrator shall notify the district judge. The judge shall order the personal representative and the personal representative's attorney to appear…

If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after 1 year after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same …

Except as provided in 72-3-1101, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the clerk or an adjudication of probate by the court.

Except as otherwise provided in chapter 4, 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 clerk, qualify, and be issued letters. Administration of an estate is commence…

(1) A proceeding to enforce a claim against the estate of a decedent or the decedent's successors may not 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 agai…