Title 75, Utah Uniform Probate Code

75-2-605. Increase in securities -- Accessions. (1) If a testator executes a will that devises securities and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the addit…

75-2-606. Nonademption of specific devises -- Unpaid proceeds of sale, condemnation, or insurance -- Sale by conservatory or agent. (1) A specific devisee has a right to the specifically devised property in the testator's estate at death and: (a) any balance of the purchase price…

75-2-607. Nonexoneration. A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.

75-2-609. Ademption by satisfaction. (1) Property a testator gave in his lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if: (a) the will provides for deduction of the gift; (b) the testator declared in a contemporaneous writing that the gi…

75-2-610. Marital deduction formulas -- Wills. For estates of decedents dying after December 31, 1981, where a decedent's will executed before September 13, 1981, contains a formula expressly providing that the decedent's spouse is to receive the maximum amount of property qualif…

75-2-611. Direction to pay taxes in will. A general direction in a will to pay all taxes imposed as a result of a testator's death or similar language shall not be construed to include taxes imposed on a "generation skipping transfer" under Section 2601 of the Internal Revenue Co…

75-2-701. Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this part apply to a governing instrument of any type, except as the application of a part…

75-2-702. Requirement of survival by 120 hours -- Under probate code or governing instrument -- Co-owners -- Exceptions -- Protection of payors, third parties, and bona fide purchasers -- Personal liability of recipient. (1) Except as provided in Subsection (4), an individual who…

75-2-703. Choice of law as to meaning and effect of governing instrument. The meaning and legal effect of a governing instrument is determined by the local law of the state selected in the governing instrument, unless the application of that law is contrary to the provisions rela…

75-2-705. Class gifts construed to accord with intestate succession. (1)(a) Adopted individuals and individuals born out of wedlock, and their respective descendants if appropriate to the class, are included in class gifts and other terms of relationship in accordance with the ru…

75-2-706. Definitions -- Life insurance -- Retirement plan -- Account with POD designation -- Transfer-on-death registration -- Deceased beneficiary -- Substitute gift -- Protection of payors and bona fide purchasers -- Personal liability of recipient. (1) As used in this section…

75-2-707. Definitions -- Survivorship with respect to future interests under terms of trust -- Substitute takers. (1) As used in this section: (a) "Alternative future interest" means an expressly created future interest that can take effect in possession or enjoyment instead of a…

75-2-708. Class gifts to "descendants," "issue," or "heirs of the body" -- Form of distribution if none specified. If a class gift in favor of "descendants," "issue," or "heirs of the body" does not specify the manner in which the property is to be distributed among the class mem…

75-2-709. Definitions -- Representation -- Per capita at each generation -- Per stirpes. (1) As used in this section: (a) "Deceased child" or "deceased descendant" means a child or a descendant who either predeceased the distribution date or is considered to have predeceased the …

75-2-710. Worthier-title doctrine abolished. The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs," "heirs-at-law," "next-of-kin," "d…

75-2-711. Interests in "heirs" and like. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's "heirs," "heirs-at-law," "next-of-kin," "relatives," or "family," or lang…

75-2-801. Disclaimer of property interests -- Time -- Form -- Effect -- Waiver and bar -- Remedy not exclusive -- Application. (1) A person, or the representative of a person, to whom an interest in or with respect to property or an interest therein devolves by whatever means may…

75-2-802. Effect of divorce, annulment, and decree of separation. (1) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the deceden…

75-2-803. Definitions -- Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations -- Petition -- Forfeiture -- Revocation. (1) As used in this section: (a) "Conviction" means the same as that term is defined in Section …

75-2-804. Definitions -- Revocation of probate and nonprobate transfers by divorce -- Effect of severance -- Revival -- Protection of payors, third parties, and bona fide purchasers -- Personal liability of recipient -- No revocation by other changes of circumstances. (1) As used…

75-2-805. Reformation to correct mistakes. 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 that the transferor's intent and the terms of the governin…

75-2-806. Modification to achieve transferor's tax objectives. 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…

75-2-807. Effect of disqualifying felony offense on intestate succession, wills, trusts, joint assets, life insurance, beneficiary designations -- Forfeiture -- Revocation. (1) As used in this section: (a) "Abuser" means a person who is convicted of committing a disqualifying fel…

75-2-902. Duty of custodian of will -- Liability. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate. A person who wilfully fail…

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 jurisdict…

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 …

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 sta…

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 r…

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 instit…

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 rig…

75-2b-108. Creditor's rights. This chapter does not affect rights of creditors with respect to property to which this chapter applies.

75-2b-109. Acts of married persons. This chapter does not prevent married persons from severing or altering their interests in property to which this chapter applies.

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.

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.

75-3-1001. Formal proceedings terminating administration -- Testate or intestate -- Order of general protection. (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 …

75-3-1002. Formal proceedings terminating testate administration -- Order construing will without adjudicating testacy. A personal representative administering an estate under an informally probated will or any devisee under an informally probated will may petition for an order o…

75-3-1003. Closing estates -- By sworn statement of personal representative -- Waiver of accountings. (1) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings when all of the distributees of the estate consent …

75-3-1004. Liability of distributees to claimants. After assets of an estate have been distributed and subject to Section 75-3-1006, an undischarged claim not barred may be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to claimants fo…

75-3-1005. Limitations on proceedings against personal representative. 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 representati…

75-3-1006. Limitations on actions and proceedings against distributees. (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 distribu…

75-3-1007. Certificate discharging liens securing fiduciary performance. After his appointment has terminated, the personal representative, his sureties, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no ac…

75-3-1008. Subsequent administration. (1) If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, the court upon petition of any interested person and upo…

75-3-101. Devolution of estate at death -- Restrictions. (1) 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 title to facilitate the prompt settlemen…

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 a…

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 pe…

75-3-104. Claims against decedent -- Necessity of administration -- Exclusions. (1)(a) 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. (b) After the appointment an…