§ 28A-24-8 – Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient.
28A-24-8. Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient. (a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this Article, is not entitled […]
§ 28A-25-1 – Collection of property by affidavit when decedent dies intestate.
28A-25-1. Collection of property by affidavit when decedent dies intestate. (a) When a decedent dies intestate leaving personal property, less liens and encumbrances thereon, not exceeding twenty thousand dollars ($20,000) in value, at any time after 30 days from the date of death, any person indebted to the decedent or having possession of tangible personal […]
§ 28A-25-1.1 – Collection of property by affidavit when decedent dies testate.
28A-25-1.1. Collection of property by affidavit when decedent dies testate. (a) When a decedent dies testate leaving personal property, less liens and encumbrances thereon, not exceeding twenty thousand dollars ($20,000) in value, at any time after 30 days from the date of death, any person indebted to the decedent or having possession of tangible personal […]
§ 28A-24-1 – Definitions.
28A-24-1. Definitions. In this Article: (1) "Co-owners with right of survivorship" includes joint tenants in a joint tenancy with right of survivorship, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one or more to the whole of the property or account on the death of the other […]
§ 28A-24-2 – Requirement of survival by 120 hours.
28A-24-2. Requirement of survival by 120 hours. (a) Except as otherwise provided in this Article, where the title to property, the devolution of property, the right to elect an interest in property, or any other right or benefit depends upon an individual’s survivorship of the death of another individual, an individual who is not established […]
§ 28A-24-3 – Co-owners with right of survivorship; requirement of survival by 120 hours.
28A-24-3. Co-owners with right of survivorship; requirement of survival by 120 hours. Except as otherwise provided in this Article: (1) If there are two or more co-owners with right of survivorship and it is not established by clear and convincing evidence that at least one of them survived the other or others by at least […]
§ 28A-22-7 – Distribution to parent or guardian of a minor.
28A-22-7. Distribution to parent or guardian of a minor. (a) If a devise of personal property to a person under the age of 18 has a total value of less than five thousand dollars ($5,000), and the devisee is residing in the same household with a parent or a guardian appointed prior to the decedent’s […]
§ 28A-22-8 – Executor or trustee; discretion over distributions.
28A-22-8. Executor or trustee; discretion over distributions. Unless otherwise restricted by the terms of the will or trust, an executor or trustee shall have absolute discretion to make distributions in cash or in specific property, real or personal, or an undivided interest therein or partly in cash or partly in such property, and to do […]
§ 28A-22-9 – Distribution to known but unlocated devisees or heirs.
28A-22-9. Distribution to known but unlocated devisees or heirs. (a) If there are known but unlocated devisees or heirs of property held by the personal representative, the personal representative may deliver the share of such devisee or heir to the clerk of superior court immediately prior to filing of the final account. If the devisee […]
§ 28A-22-10 – Distribution of assets of inoperative trust.
28A-22-10. Distribution of assets of inoperative trust. When the facts at the time of distribution of property to a trust are such that the trust would be inoperative under the terms of the instrument creating the trust for any reason, including the death of a beneficiary, renunciation by a beneficiary, the exercise of a right […]