Effective 5/14/2019 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. Amended by Chapter 136, 2019 General Session
Effective 5/14/2019 75-6-404. Nonexclusivity. This part does not affect any method of transferring property otherwise permitted under the law of this state. Amended by Chapter 136, 2019 General Session
Effective 5/8/2018 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. Enacted by Chapter 26, 2018 General Session
Effective 5/8/2018 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. Enacted by Chapter 26, 2018 General Session
Effective 5/8/2018 75-6-407. Transfer on death deed nontestamentary. A transfer on death deed is nontestamentary. Enacted by Chapter 26, 2018 General Session
Effective 5/8/2018 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. Enacted by Chapter 26, 2018 General Session
Effective 5/8/2018 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 transferor’s death in the public records in the county […]
Effective 5/8/2018 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. Enacted by Chapter 26, 2018 General Session
Effective 5/8/2018 75-6-411. Revocation by instrument authorized — Revocation by act not permitted. (1) Subject to Subsection (2), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (a) is one of the following: (i) a transfer on death deed that revokes the deed […]
Effective 5/8/2018 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 interest or right of a transferee, even […]
Effective 5/5/2021 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 75-2-205, 75-2-702, 75-2-803, 75-2-804, and 75-2-807, 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 […]
Effective 5/8/2018 75-6-414. Disclaimer. A beneficiary may disclaim all or part of the beneficiary’s interest. Enacted by Chapter 26, 2018 General Session
Effective 5/8/2018 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 against property transferred at the transferor’s death by a transfer […]
Effective 5/14/2019 75-6-416. Form of transfer on death deed. The following form may be used to create a transfer on death deed. The other sections of this part govern the effect of this or any other instrument used to create a transfer on death deed: (front of form) REVOCABLE TRANSFER ON DEATH DEED FORMNOTICE TO […]
Effective 5/14/2019 75-6-417. Optional form of revocation. The following form may be used to create an instrument of revocation under this part. The other sections of this part govern the effect of this or any other instrument used to revoke a transfer on death deed. (front of form) FULL REVOCATION OF TRANSFER ON DEATH DEEDNOTICE […]
Effective 5/8/2018 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. Enacted by Chapter 26, 2018 General Session
Effective 5/14/2019 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) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery […]
