Legislation
State: Utah
Signed: March 13, 2018
Effective: May 08, 2018
Chapter: 26
SummaryHouse Bill 94 enacts the Uniform Real Property Transfer on Death Act, creating a transfer on death deed that must be notarized.
AffectsCreates Sections 75-6-401 through 75-6-419 in the Utah Code Annotated.
Changes
- Permits the transfer of real property via a transfer on death deed.
- Requires a transfer on death deed to conform to the formalities (e.g. acknowledgment, notarization) of an inter vivos deed.
- Requires the transfer on death deed to be recorded prior to the grantor's death.
- Clarifies that a transfer on death deed is nontestamentary (is not a "last will" and is not required to be probated as such).
- Provides that the capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
- Provides a form for a transfer on death deed.
AnalysisHouse Bill 94 enacts the Uniform Real Property Transfer on Death Act, allowing an owner of a property to deed the property to a beneficiary of the owner's choosing effective upon the owner's death instead of having to bequeath the property in a will or other estate document. The transfer on death deed must follow the typical formalities of any other type of deed, including being acknowledged before a Notary.
Read House Bill 94.