Title 75, Title 75: Utah Uniform Probate Code

75-6-110. Financial institution protection -- Payment of P.O.D. account. Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee up…

75-6-111. Financial institution protection -- Payment of trust account. Any trust account may be paid, on request, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon his surviving the trustee,…

75-6-112. Financial institution protection -- Discharge. Payment made pursuant to Section,,ordischarges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. p…

75-6-113. Financial institution protection -- Setoff -- Attachment, garnishment, and other legal process. (1) Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial…

75-6-114. Financial institution protection -- Costs and attorneys' fees. A financial institution shall have a lien for its costs and attorneys' fees on the sums on deposit in any multiple-party account in such institution which becomes the subject of any litigation as to the righ…

75-6-115. Agency accounts. Nothing in this chapter shall preclude a party to an account from adding the name of another person to such an account with the designation "agent." This agent shall have no present or future interest in the sums on deposit in such account, but the fina…

75-6-201. Provisions for payment or transfer at death. (1) Any of the following provisions in an insurance policy, contract of employment, bond, mortgage, promissory note, deposit agreement, pension plan, trust agreement, conveyance, or any other written instrument effective as a…

75-6-202. Direction to pay taxes in trust or other dispositive instrument. A general direction in a trust or other dispositive instrument to pay all taxes imposed as a result of a decedent's death or similar language shall not be construed to include taxes imposed on a "generatio…

75-6-301. Title. This part shall be known as the "Uniform Transfer on Death Security Registration Act."

75-6-302. Definitions. In this part, unless the context otherwise requires: (1) "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security up…

75-6-303. Registration in beneficiary form -- Sole or joint tenancy ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain re…

75-6-304. Registration in beneficiary form -- Applicable law. A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's princip…

75-6-305. Orientation of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all…

75-6-306. Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a …

75-6-307. Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole…

75-6-308. Ownership on death of owner. On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with…

75-6-309. Protection of registering entity. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in benef…

75-6-310. Nontestamentary transfer on death. (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary. (2) This pa…

75-6-311. Terms, conditions, and forms for registration. (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for: registrations in beneficiary form; and implementation of registr…

75-6-312. Rules of construction. (1) This part shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this part among states enacting it. (2) Unless displaced by the particular provisions …

75-6-313. Application of part. This part applies to registrations of securities in beneficiary form made before or after January 1, 1995, by decedents dying on or after June 30, 1995.

75-6-401. Title. This part is known as the "Uniform Real Property Transfer on Death Act."

75-6-402. Definitions. As used in this part: (1) "Beneficiary" means a person who receives property under a transfer on death deed. (2) "Class gift" means a transfer to a group of persons who are classified by their relationship to one another or the transferor, and who are not i…

75-6-403. Applicability. This part applies to a transfer on death deed made before, on, or after May 8, 2018, by a transferor dying on or after May 8, 2018.

75-6-404. Nonexclusivity. This part does not affect any method of transferring property otherwise permitted under the law of this state.

75-6-405. Transfer on death deed authorized. (1) An individual may transfer property to one or more named beneficiaries effective at the transferor's death by a transfer on death deed. (2) A class gift may not be made by a transfer on death deed.

75-6-406. Transfer on death deed revocable. A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.

75-6-407. Transfer on death deed nontestamentary. A transfer on death deed is nontestamentary.

75-6-408. Capacity of transferor. The capacity required to make or revoke a transfer on death deed is the same as that required to make a will.

75-6-409. Requirements. A transfer on death deed shall: (1) contain the essential elements and formalities of a properly recordable inter vivos deed; (2) state that the transfer to the designated beneficiary is to occur at the transferor's death; and (3) be recorded before the tr…

75-6-410. Notice, delivery, acceptance, consideration not required. A transfer on death deed is effective without: (1) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (2) consideration.

75-6-411. Revocation by instrument authorized -- Revocation by act not permitted. (1) Subject to Subsection, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (2) is one of the following: a transfer on death deed th…

75-6-412. Effect of transfer on death deed during transferor's life. During a transferor's life, a transfer on death deed does not: (1) affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property; (2) affect an intere…

75-6-413. Effect of transfer on death deed at transferor's death. (1) Except as otherwise provided in the transfer on death deed, Sections,,,, and, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by t…

75-6-414. Disclaimer. A beneficiary may disclaim all or part of the beneficiary's interest.

75-6-415. Liability for creditor claims and statutory allowances. (1) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, only the estate may enforce the liability ag…

75-6-416. Optional form of transfer on death deed. (1) An individual may use the following form to create a transfer on death deed under this part:NOTICE TO OWNERYou should carefully read all information on the other side of this form. You may want to consult a lawyer before usin…

75-6-417. Optional form of revocation. (1) An individual may use the following form to create an instrument of revocation under this part:NOTICE TO OWNERThis revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the intere…

75-6-418. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

75-6-419. Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede Section 101(c)…

75-13-101. Definitions. As used in this chapter: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) "Electronic record" means a record created, generated, sent, communicated, receive…

75-13-102. Construction. This chapter shall be construed and applied to: (1) facilitate electronic estate planning documents and signatures consistent with other law; and (2) be consistent with reasonable practices concerning electronic documents and signatures and continued expa…

75-13-201. Scope. (1) Except as provided in Subsection, this part applies to an electronic non-testamentary estate planning document and an electronic signature on a non-testamentary estate planning document. (2) (2) This part does not apply to a non-testamentary estate planning …

75-13-202. Principles of law and equity. The laws of this state and principles of equity applicable to a non-testamentary estate planning document apply to an electronic non-testamentary estate planning document except as modified by this part.

75-13-203. Use of electronic record or signature not required. (1) This part does not require a non-testamentary estate planning document or signature on a non-testamentary estate planning document to be created, generated, sent, communicated, received, stored, or otherwise proce…

75-13-204. Recognition of electronic non-testamentary estate planning document and electronic signature. (1) A non-testamentary estate planning document or a signature on a non-testamentary estate planning document may not be denied legal effect or enforceability solely because t…