Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 89 (2025GS)

Sponsor

Rep. Bennion, Gay Lynn

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• prohibits the transfer of water shares via small estate probate procedures involving an affidavit; and
• makes technical and grammatical changes.

Every vote on this bill

Bill text

7
75-3-1201
0
Water Transfer Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gay Lynn Bennion
Senate Sponsor: Scott D. Sandall
LONG TITLE
General Description:
This bill modifies provisions related to probate transfer of personal property by affidavit.
Highlighted Provisions:
This bill:
prohibits the transfer of water shares via small estate probate procedures involving an 
affidavit; and
makes technical and grammatical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
75-3-1201
, as last amended by Laws of Utah 2007, Chapter 316
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
75-3-1201
 is amended to read:
75-3-1201
. Collection of personal property by affidavit -- Vehicles -- Water 
shares excluded.
(1)
Thirty days after the death of a decedent, any person indebted to the decedent or having 
possession of tangible personal property
 or
, including
 an instrument evidencing a debt, 
obligation, stock, or chose in action
,
 belonging to the decedent shall pay the 
indebtedness or deliver the tangible personal property
,
 or 
an 
instrument evidencing a 
debt, obligation, stock, or chose in action to a person claiming to be the successor of the 
decedent
,
 upon being presented 
with 
an affidavit made by or on behalf of the successor 
stating that:
(a)
the value of the entire estate subject to administration, wherever located, less liens 
and encumbrances, does not exceed $100,000;
(b)
30 days have elapsed since the death of the decedent;
(c)
no application or petition for the appointment of a personal representative is pending 
or has been granted in any jurisdiction; and
(d)
the claiming successor is entitled to payment or delivery of the property.
(2)
A
Consistent with the requirements of this section, a
 transfer agent of any security shall 
change the registered ownership on the books of a corporation from the decedent to the 
successor or successors upon the presentation of an affidavit and the security as 
provided in Subsection 
(1)
.
(3)
The Motor Vehicle Division of the State Tax Commission shall transfer title of not more 
than four boats, motor vehicles, trailers, or semitrailers, registered under 
Title 41, Motor 
Vehicles
, 
or 
Title 73, Water and Irrigation
,
or Title 73, Chapter 18, State Boating Act,
from the decedent to the successor or successors upon presentation of an affidavit as 
provided in Subsection 
(1)
 and upon payment of the necessary fees, except that in lieu of 
that language in Subsection 
(1)(a)
,
 the affidavit shall state that the value of the entire 
estate subject to administration, wherever located, other than those motor vehicles, 
trailers, or semitrailers, less liens and encumbrances, does not exceed $100,000.
(4)
Shares of stock in a water company that are transferred under Section 
73-1-10
 or Title 
70A, Chapter 8, Uniform Commercial Code - Investment Securities, are not eligible for 
transfer under this part.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 1:22 PM