Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 100 (2025GS)

Sponsor

Sen. Weiler, Todd

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• coordinates definitions between Title 75, Utah Uniform Probate Code, Title 75A, Fiduciaries, and Title 75B, Trusts;
• modifies the definitions for Title 75, Utah Uniform Probate Code;
• recodifies and clarifies a statute regarding the effective date of Title 75, Utah Uniform Probate Code;
• recodifies Title 75, Chapter 7, Utah Uniform Trust Code, to Title 75B, Chapter 2, Uniform Trust Code;
• recodifies Title 75, Chapter 12, Uniform Directed Trust Act, to Title 75B, Chapter 3, Uniform Directed Trust Act;
• includes a coordination clause to explain that certain definitions will not be enacted in Title 75A, Chapter 9, Uniform Health-Care Decisions Act, if this bill and S.B. 134, Health-Care Decisions Act Amendments, both pass and become law;
• includes a coordination clause to address a technical conflict with a cross-reference change if this bill and H.B. 334, Guardianships and Supported Decision-Making Agreements Amendments, both pass and become law; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

214
7-5-1
7-5-6
7-5-7
7-5-10
7-5-11
8-4-2
26B-3-1008
26B-3-1013
49-11-303
51-7-14
53B-8a-107
58-9-703
59-10-103
75-1-102
75-1-103
75-1-104
75-1-105
75-1-106
75-8-101
75-1-201
75-1-301
75-1-303
75-1-304
75-1-305
75-1-309
75-1-310
75-1-311
75-1-404
75-2-803
75-2-1209
75-2-1402
75-3-101
75-3-105
75-3-303
75-3-308
75-3-504
75-3-608
75-3-616
75-3-703
75-3-704
75-3-710
75-3-714
75-3-913
75-3-915
75-3-916
75-3-1008
75-5-303
75-5-412
75-5-416
75-5-417
75-5b-102
75-6-201
75-7-101
75-12-101
75A-1-101
75A-1-201
75A-2-102
75A-2-120
75A-3-101
75A-4-102
75A-4-302
75A-5-102
75A-5-202
75A-5-203
75A-5-303
75A-5-304
75A-6-102
75A-6-112
75A-6-113
75A-7-102
75A-8-102
75B-1-101
75B-1-201
75B-1-301
75B-1-302
75B-2-101
75-7-102
75-7-103
75-7-104
75-7-105
75-7-106
75-7-107
75-7-108
75-7-109
75-7-110
75-7-111
75-7-112
75-7-1201
75-7-201
75-7-202
75-7-203
75-7-204
75-7-205
75-7-301
75-7-302
75-7-303
75-7-304
75-7-305
75-7-401
75-7-402
75-7-403
75-7-404
75-7-405
75-7-406
75-7-407
75-7-408
75-7-409
75-7-410
75-7-411
75-7-412
75-7-413
75-7-414
75-7-415
75-7-416
75-7-417
75-7-501
75-7-502
75-7-503
75-7-504
75-7-505
75-7-506
75-7-507
75-7-508
75-7-509
75-7-510
75-7-511
75-7-512
75-7-513
75-7-514
75-7-515
75-7-516
75-7-517
75-7-518
75-7-519
75-7-604
75-7-605
75-7-606
75-7-607
75-7-701
75-7-702
75-7-703
75-7-704
75-7-705
75-7-706
75-7-707
75-7-708
75-7-709
75-7-801
75-7-802
75-7-803
75-7-804
75-7-805
75-7-806
75-7-807
75-7-808
75-7-809
75-7-810
75-7-811
75-7-812
75-7-813
75-7-814
75-7-815
75-7-816
75-7-817
75-7-901
75-7-902
75-7-903
75-7-904
75-7-905
75-7-906
75-7-907
75-7-1001
75-7-1002
75-7-1003
75-7-1004
75-7-1005
75-7-1006
75-7-1007
75-7-1008
75-7-1009
75-7-1010
75-7-1011
75-7-1012
75-7-1013
75-7-1101
75-7-1102
75-7-1103
75B-3-101
75-12-102
75-12-103
75-12-104
75-12-105
75-12-106
75-12-107
75-12-108
75-12-109
75-12-110
75-12-111
75-12-112
75-12-113
75-12-114
75-12-115
75-12-116
75-12-117
75-12-118
78B-5-505
0
Estate Planning Recodification
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: Anthony E. Loubet
LONG TITLE
General Description:
This bill recodifies and amends statutes related to estate planning.
Highlighted Provisions:
This bill:
coordinates definitions between Title 75, Utah Uniform Probate Code, Title 75A, 
Fiduciaries, and Title 75B, Trusts;
modifies the definitions for Title 75, Utah Uniform Probate Code;
recodifies and clarifies a statute regarding the effective date of Title 75, Utah Uniform 
Probate Code;
recodifies Title 75, Chapter 7, Utah Uniform Trust Code, to Title 75B, Chapter 2, 
Uniform Trust Code;
recodifies Title 75, Chapter 12, Uniform Directed Trust Act, to Title 75B, Chapter 3, 
Uniform Directed Trust Act;
includes a coordination clause to explain that certain definitions will not be enacted in 
Title 75A, Chapter 9, Uniform Health-Care Decisions Act, if this bill and S.B. 134, 
Health-Care Decisions Act Amendments, both pass and become law;
includes a coordination clause to address a technical conflict with a cross-reference 
change if this bill and H.B. 334, Guardianships and Supported Decision-Making 
Agreements Amendments, both pass and become law; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides coordination clauses.
Utah Code Sections Affected:
AMENDS:
7-5-1
, as last amended by Laws of Utah 2013, Chapter 364
7-5-6
, as last amended by Laws of Utah 2014, Chapter 189
7-5-7
, as last amended by Laws of Utah 2014, Chapters 97, 189
7-5-10
, as last amended by Laws of Utah 2004, Chapter 89
7-5-11
, as last amended by Laws of Utah 2014, Chapter 189
8-4-2
, as last amended by Laws of Utah 2010, Chapter 324
26B-3-1008
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-3-1013
, as renumbered and amended by Laws of Utah 2023, Chapter 306
49-11-303
, as last amended by Laws of Utah 2005, Chapter 116
51-7-14
, as last amended by Laws of Utah 2023, Chapter 242
53B-8a-107
, as last amended by Laws of Utah 2023, Chapter 242
58-9-703
, as last amended by Laws of Utah 2007, Chapter 144
59-10-103
, as last amended by Laws of Utah 2023, Chapter 44
75-1-102
, as enacted by Laws of Utah 1975, Chapter 150
75-1-103
, as enacted by Laws of Utah 1975, Chapter 150
75-1-104
, as enacted by Laws of Utah 1975, Chapter 150
75-1-105
, as enacted by Laws of Utah 1975, Chapter 150
75-1-106
, as enacted by Laws of Utah 1975, Chapter 150
75-1-201
, as last amended by Laws of Utah 2024, Chapter 364
75-1-301
, as last amended by Laws of Utah 1992, Chapter 30
75-1-303
, as enacted by Laws of Utah 1975, Chapter 150
75-1-304
, as enacted by Laws of Utah 1975, Chapter 150
75-1-305
, as enacted by Laws of Utah 1975, Chapter 150
75-1-309
, as enacted by Laws of Utah 1975, Chapter 150
75-1-310
, as enacted by Laws of Utah 1975, Chapter 150
75-1-311
, as last amended by Laws of Utah 1977, Chapter 194
75-1-404
, as enacted by Laws of Utah 1975, Chapter 150
75-2-803
, as last amended by Laws of Utah 2024, Chapter 153
75-2-1209
, as last amended by Laws of Utah 2004, Chapter 89
75-2-1402
, as enacted by Laws of Utah 2020, Sixth Special Session, Chapter 1
75-3-101
, as enacted by Laws of Utah 1975, Chapter 150
75-3-105
, as enacted by Laws of Utah 1975, Chapter 150
75-3-303
, as last amended by Laws of Utah 2013, Chapter 364
75-3-308
, as last amended by Laws of Utah 1998, Chapter 39
75-3-504
, as enacted by Laws of Utah 1975, Chapter 150
75-3-608
, as enacted by Laws of Utah 1975, Chapter 150
75-3-616
, as enacted by Laws of Utah 1975, Chapter 150
75-3-703
, as last amended by Laws of Utah 2004, Chapter 89
75-3-704
, as last amended by Laws of Utah 1988, Chapter 110
75-3-710
, as last amended by Laws of Utah 1983, Chapter 226
75-3-714
, as last amended by Laws of Utah 1992, Chapter 30
75-3-913
, as last amended by Laws of Utah 2004, Chapter 89
75-3-915
, as enacted by Laws of Utah 1975, Chapter 150
75-3-916
, as last amended by Laws of Utah 1983, Chapter 226
75-3-1008
, as enacted by Laws of Utah 1975, Chapter 150
75-5-303
, as last amended by Laws of Utah 2024, Chapter 113
75-5-412
, as enacted by Laws of Utah 1975, Chapter 150
75-5-416
, as last amended by Laws of Utah 2014, Chapter 142
75-5-417
, as last amended by Laws of Utah 2022, Chapter 358
75-5b-102
, as enacted by Laws of Utah 2008, Chapter 253
75-6-201
, as last amended by Laws of Utah 1986, Chapter 158
75A-1-101
, as enacted by Laws of Utah 2024, Chapter 364
75A-1-201
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-2-102
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-2-120
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-3-101
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-4-102
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-4-302
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-5-102
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-5-202
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-5-203
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-5-303
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-5-304
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-6-102
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-6-112
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-6-113
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-7-102
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75A-8-102
, as renumbered and amended by Laws of Utah 2024, Chapter 364
75B-1-101
, as enacted by Laws of Utah 2024, Chapter 364
75B-1-201
, as enacted by Laws of Utah 2024, Chapter 364
75B-1-301
, as enacted by Laws of Utah 2024, Chapter 364
75B-1-302
, as renumbered and amended by Laws of Utah 2024, Chapter 364
78B-5-505
, as last amended by Laws of Utah 2021, Chapter 260
ENACTS:
75B-2-101
, Utah Code Annotated 1953
75B-3-101
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
75-1-111
, (Renumbered from 75-8-101, as enacted by Laws of Utah 1975, Chapter 
150)
75B-2-102
, (Renumbered from 75-7-102, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-103
, (Renumbered from 75-7-103, as last amended by Laws of Utah 2020, 
Chapter 348)
75B-2-104
, (Renumbered from 75-7-104, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-105
, (Renumbered from 75-7-105, as last amended by Laws of Utah 2024, 
Chapter 364)
75B-2-106
, (Renumbered from 75-7-106, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-107
, (Renumbered from 75-7-107, as last amended by Laws of Utah 2024, 
Chapter 364)
75B-2-108
, (Renumbered from 75-7-108, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-109
, (Renumbered from 75-7-109, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-110
, (Renumbered from 75-7-110, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-111
, (Renumbered from 75-7-111, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-112
, (Renumbered from 75-7-112, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-113
, (Renumbered from 75-7-1201, as enacted by Laws of Utah 2004, Forth 
Special Session, Chapters 1, 1)
75B-2-201
, (Renumbered from 75-7-201, as last amended by Laws of Utah 2003, 
Second Special Session, Chapters 3, 3)
75B-2-202
, (Renumbered from 75-7-202, as last amended by Laws of Utah 2004, 
Chapter 89)
75B-2-203
, (Renumbered from 75-7-203, as last amended by Laws of Utah 2024, 
Chapter 158)
75B-2-204
, (Renumbered from 75-7-204, as last amended by Laws of Utah 2003, 
Second Special Session, Chapters 3, 3)
75B-2-205
, (Renumbered from 75-7-205, as last amended by Laws of Utah 2024, 
Chapter 158)
75B-2-301
, (Renumbered from 75-7-301, as last amended by Laws of Utah 2024, 
Chapter 364)
75B-2-302
, (Renumbered from 75-7-302, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-303
, (Renumbered from 75-7-303, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-304
, (Renumbered from 75-7-304, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-305
, (Renumbered from 75-7-305, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-401
, (Renumbered from 75-7-401, as last amended by Laws of Utah 2009, 
Chapter 278)
75B-2-402
, (Renumbered from 75-7-402, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-403
, (Renumbered from 75-7-403, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-404
, (Renumbered from 75-7-404, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-405
, (Renumbered from 75-7-405, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-406
, (Renumbered from 75-7-406, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-407
, (Renumbered from 75-7-407, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-408
, (Renumbered from 75-7-408, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-409
, (Renumbered from 75-7-409, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-410
, (Renumbered from 75-7-410, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-411
, (Renumbered from 75-7-411, as repealed and reenacted by Laws of Utah 
2004, Chapter 89)
75B-2-412
, (Renumbered from 75-7-412, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-413
, (Renumbered from 75-7-413, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-414
, (Renumbered from 75-7-414, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-415
, (Renumbered from 75-7-415, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-416
, (Renumbered from 75-7-416, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-417
, (Renumbered from 75-7-417, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-501
, (Renumbered from 75-7-501, as last amended by Laws of Utah 2024, 
Chapter 364)
75B-2-502
, (Renumbered from 75-7-502, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-503
, (Renumbered from 75-7-503, as last amended by Laws of Utah 2021, 
Chapter 260)
75B-2-504
, (Renumbered from 75-7-504, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-505
, (Renumbered from 75-7-505, as last amended by Laws of Utah 2024, 
Chapter 364)
75B-2-506
, (Renumbered from 75-7-506, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-507
, (Renumbered from 75-7-507, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-508
, (Renumbered from 75-7-508, as last amended by Laws of Utah 2023, 
Chapter 330)
75B-2-509
, (Renumbered from 75-7-509, as last amended by Laws of Utah 2023, 
Chapter 330)
75B-2-510
, (Renumbered from 75-7-510, as renumbered and amended by Laws of 
Utah 2004, Chapter 89)
75B-2-511
, (Renumbered from 75-7-511, as last amended by Laws of Utah 2023, 
Chapter 330)
75B-2-512
, (Renumbered from 75-7-512, as renumbered and amended by Laws of 
Utah 2004, Chapter 89)
75B-2-513
, (Renumbered from 75-7-513, as last amended by Laws of Utah 2004, 
Chapter 282 and renumbered and amended by Laws of Utah 2004, Chapter 89)
75B-2-514
, (Renumbered from 75-7-514, as renumbered and amended by Laws of 
Utah 2004, Chapter 89)
75B-2-515
, (Renumbered from 75-7-515, as renumbered and amended by Laws of 
Utah 2004, Chapter 89)
75B-2-516
, (Renumbered from 75-7-516, as renumbered and amended by Laws of 
Utah 2004, Chapter 89)
75B-2-517
, (Renumbered from 75-7-517, as renumbered and amended by Laws of 
Utah 2004, Chapter 89)
75B-2-518
, (Renumbered from 75-7-518, as renumbered and amended by Laws of 
Utah 2004, Chapter 89)
75B-2-519
, (Renumbered from 75-7-519, as renumbered and amended by Laws of 
Utah 2004, Chapter 89)
75B-2-601
, (Renumbered from 75-7-604, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-602
, (Renumbered from 75-7-605, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-603
, (Renumbered from 75-7-606, as last amended by Laws of Utah 2019, 
Chapter 153)
75B-2-604
, (Renumbered from 75-7-607, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-701
, (Renumbered from 75-7-701, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-702
, (Renumbered from 75-7-702, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-703
, (Renumbered from 75-7-703, as last amended by Laws of Utah 2019, 
Chapter 153)
75B-2-704
, (Renumbered from 75-7-704, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-705
, (Renumbered from 75-7-705, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-706
, (Renumbered from 75-7-706, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-707
, (Renumbered from 75-7-707, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-708
, (Renumbered from 75-7-708, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-709
, (Renumbered from 75-7-709, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-801
, (Renumbered from 75-7-801, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-802
, (Renumbered from 75-7-802, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-803
, (Renumbered from 75-7-803, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-804
, (Renumbered from 75-7-804, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-805
, (Renumbered from 75-7-805, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-806
, (Renumbered from 75-7-806, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-807
, (Renumbered from 75-7-807, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-808
, (Renumbered from 75-7-808, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-809
, (Renumbered from 75-7-809, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-810
, (Renumbered from 75-7-810, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-811
, (Renumbered from 75-7-811, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-812
, (Renumbered from 75-7-812, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-813
, (Renumbered from 75-7-813, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-814
, (Renumbered from 75-7-814, as last amended by Laws of Utah 2024, 
Chapter 364)
75B-2-815
, (Renumbered from 75-7-815, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-816
, (Renumbered from 75-7-816, as last amended by Laws of Utah 2024, 
Chapter 364)
75B-2-817
, (Renumbered from 75-7-817, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-901
, (Renumbered from 75-7-901, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-902
, (Renumbered from 75-7-902, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-903
, (Renumbered from 75-7-903, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-904
, (Renumbered from 75-7-904, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-905
, (Renumbered from 75-7-905, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-906
, (Renumbered from 75-7-906, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-907
, (Renumbered from 75-7-907, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1001
, (Renumbered from 75-7-1001, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1002
, (Renumbered from 75-7-1002, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1003
, (Renumbered from 75-7-1003, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1004
, (Renumbered from 75-7-1004, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1005
, (Renumbered from 75-7-1005, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1006
, (Renumbered from 75-7-1006, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1007
, (Renumbered from 75-7-1007, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1008
, (Renumbered from 75-7-1008, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1009
, (Renumbered from 75-7-1009, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1010
, (Renumbered from 75-7-1010, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1011
, (Renumbered from 75-7-1011, as last amended by Laws of Utah 2018, 
Chapter 281)
75B-2-1012
, (Renumbered from 75-7-1012, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1013
, (Renumbered from 75-7-1013, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1101
, (Renumbered from 75-7-1101, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1102
, (Renumbered from 75-7-1102, as enacted by Laws of Utah 2004, Chapter 
89)
75B-2-1103
, (Renumbered from 75-7-1103, as enacted by Laws of Utah 2004, Chapter 
89)
75B-3-102
, (Renumbered from 75-12-102, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-103
, (Renumbered from 75-12-103, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-104
, (Renumbered from 75-12-104, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-105
, (Renumbered from 75-12-105, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-106
, (Renumbered from 75-12-106, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-107
, (Renumbered from 75-12-107, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-108
, (Renumbered from 75-12-108, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-109
, (Renumbered from 75-12-109, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-110
, (Renumbered from 75-12-110, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-111
, (Renumbered from 75-12-111, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-112
, (Renumbered from 75-12-112, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-113
, (Renumbered from 75-12-113, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-114
, (Renumbered from 75-12-114, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-115
, (Renumbered from 75-12-115, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-116
, (Renumbered from 75-12-116, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-117
, (Renumbered from 75-12-117, as enacted by Laws of Utah 2019, Chapter 
153)
75B-3-118
, (Renumbered from 75-12-118, as enacted by Laws of Utah 2019, Chapter 
153)
REPEALS:
75-7-101
, as repealed and reenacted by Laws of Utah 2004, Chapter 89
75-12-101
, as enacted by Laws of Utah 2019, Chapter 153
Utah Code Sections Affected by Coordination Clause:
AMENDS:
7-5-1
, as last amended by Laws of Utah 2013, Chapter 364
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
7-5-1
 is amended to read:
7-5-1
. Definitions -- Allowable trust companies -- Exceptions.
(1)
As used in this chapter:
(a)
"Business trust" means an entity engaged in a trade or business that is created by a 
declaration of trust that transfers property to trustees, to be held and managed by 
them for the benefit of persons holding certificates representing the beneficial interest 
in the trust estate and assets.
(b)
"Trust" means the same as that term is defined in Section 
75B-1-101
.
(b)
(c)
"Trust business" means, except as provided in Subsection 
(1)(c)
(1)(d)
, a 
business in which one acts in any agency or fiduciary capacity, including that of 
personal representative, executor, administrator, conservator, guardian, assignee, 
receiver, depositary, or trustee under appointment as trustee for any purpose 
permitted by law
, including the definition of "trust" set forth in Subsection 
75-1-201(55)
.
(c)
(d)
"Trust business" does not include the following means of holding money, assets, 
or other property:
(i)
money held in a client trust account by an attorney authorized to practice law in 
this state;
(ii)
money held in connection with the purchase or sale of real estate by a person 
licensed as a principal broker in accordance with 
Title 61, Chapter 2f, Real Estate 
Licensing and Practices Act
;
(iii)
money or other assets held in escrow by a person authorized by the department in 
accordance with 
Chapter 22, Regulation of Independent Escrow Agents
, or by the 
Utah 
Insurance Department to act as an escrow agent in this state;
(iv)
money held by a homeowners' association or similar organization to pay 
maintenance and other related costs for commonly owned property;
(v)
money held in connection with the collection of debts or payments on loans by a 
person acting solely as the agent or representative or otherwise at the sole 
direction of the person to which the debt or payment is owed, including money 
held by an escrow agent for payment of taxes or insurance;
(vi)
money and other assets held in trust on an occasional or isolated basis by a 
person who does not represent that the person is engaged in the trust business in 
Utah;
(vii)
money or other assets found by a court to be held in an implied, resulting, or 
constructive trust;
(viii)
money or other assets held by a court appointed conservator, guardian, receiver, 
trustee, or other fiduciary if:
(A)
the conservator, receiver, guardian, trustee, or other fiduciary is responsible to 
the court in the same manner as a personal representative under 
Title 75, 
Chapter 3, Part 5, Supervised Administration
, or as a receiver under Rule 66, 
Utah Rules of Civil Procedure; and
(B)
the conservator, trustee, or other fiduciary is a certified public accountant or 
has qualified for and received a designation as a certified financial planner, 
chartered financial consultant, certified financial analyst, or similar designation 
suitable to the court, that evidences the conservator's, trustee's, or other 
fiduciary's professional competence to manage financial matters;
(ix)
money or other assets held by a credit services organization operating in 
compliance with 
Title 13, Chapter 21, Credit Services Organizations Act
;
(x)
money, securities, or other assets held in a customer account in connection with 
the purchase or sale of securities by a regulated securities broker, dealer, or 
transfer agent; or
(xi)
money, assets, and other property held in a business trust for the benefit of 
holders of certificates of beneficial interest if the fiduciary activities of the 
business trust are merely incidental to conducting business in the business trust 
form.
(d)
(e)
"Trust company" means an institution authorized to engage in the trust business 
under this chapter. Only the following may be a trust company:
(i)
a Utah depository institution or its wholly owned subsidiary;
(ii)
an out-of-state depository institution authorized to engage in business as a 
depository institution in Utah or its wholly owned subsidiary;
(iii)
a corporation, including a credit union service organization, owned entirely by 
one or more federally insured depository institutions as defined in Subsection 
7-1-103(8)
;
(iv)
a direct or indirect subsidiary of a depository institution holding company that 
also has a direct or indirect subsidiary authorized to engage in business as a 
depository institution in Utah; and
(v)
any other corporation continuously and lawfully engaged in the trust business in 
this state since before July 1, 1981.
(2)
Only a trust company may engage in the trust business in this state.
(3)
The requirements of this chapter do not apply to:
(a)
an institution authorized to engage in a trust business in another state that is engaged 
in trust activities in this state solely to fulfill its duties as a trustee of a trust created 
and administered in another state;
(b)
a national bank, federal savings bank, federal savings and loan association, or federal 
credit union authorized to engage in business as a depository institution in Utah, or 
any wholly owned subsidiary of any of these, to the extent the institution is 
authorized by its primary federal regulator to engage in the trust business in this state; 
or
(c)
a state agency that is otherwise authorized by statute to act as a conservator, receiver, 
guardian, trustee, or in any other fiduciary capacity.
Section 2, Section 
7-5-6
 is amended to read:
7-5-6
. Confidentiality of communications and writings concerning trust -- 
Actions to protect property or authorized under probate laws not precluded.
Any trust company exercising the powers and performing the duties described in this 
chapter shall keep inviolate all communications and writings made to or by that trust company 
relating to the existence, condition, management or administration of any agency or fiduciary 
account confided to it and no creditor or stockholder of any such trust company shall be 
entitled to disclosure or knowledge of any such communication or writing, except that the 
directors, president, vice president, manager, treasurer, and trust officers, and any employees 
assigned to work on the trust business, and the attorney or auditor employed by it shall be 
entitled to knowledge of any such communication or writing and except that in any suit or 
proceeding relating to the existence, condition, management or administration of the account, 
the court in which the suit is pending may require disclosure of any such communication or 
writing. A trust company is not, however, precluded from filing an action in court to protect 
trust account property or as authorized under 
Title 75, Utah Uniform Probate Code
Title 75B, 
Trusts
.
Section 3, Section 
7-5-7
 is amended to read:
7-5-7
. Management and investment of trust money.
(1)
Money received or held by a trust company as agent or fiduciary, whether for 
investment or distribution, shall be invested or distributed as soon as practicable as 
authorized under the instrument creating the account and may not be held uninvested 
any longer than is reasonably necessary.
(2)
If the instrument creating an agency or fiduciary account contains provisions 
authorizing the trust company, its officers, or its directors to exercise their discretion in 
the matter of investments, money held in the trust account under that instrument may be 
invested only in those classes of securities which are approved by the directors of the 
trust company or a committee of directors appointed for that purpose. If a trust company 
acts in any agency or fiduciary capacity under appointment by a court 
of competent
with
jurisdiction, it shall make and account for the investments according to 
Title 75, Utah 
Uniform Probate Code
Title 75B, Trusts
, unless the underlying instrument provides 
otherwise.
(3)
(a)
Money received or held as agent or fiduciary by any trust company which is also a 
depository institution, whether for investment or distribution, may be deposited in the 
commercial department or savings department of that trust company to the credit of 
its trust department. Whenever the money so deposited in a fiduciary or managing 
agency account exceed the amount of federal deposit insurance applicable to that 
account, the trust company shall deliver to the trust department or put under its 
control collateral security as outlined in Regulation 9.10 of the Comptroller of the 
Currency. However, if the instrument creating such a fiduciary or managing agency 
account expressly provides that money may be deposited to the commercial or 
savings department of the trust company, then the money may be so deposited 
without setting aside collateral securities as required under this section and the 
deposits in the event of insolvency of any such trust company shall be treated as other 
general deposits are treated. A trust company that deposits trust funds in its 
commercial or savings department shall be liable for interest on the deposits only at 
the rates, if any, paid by the trust company on deposits of like kind not made to the 
credit of its trust department.
(b)
Money received or held as agent or fiduciary by a trust company, whether for 
investment or distribution, may be deposited in an affiliated depository institution. 
Whenever the money so deposited in a fiduciary or managing agency account exceed 
the amount of federal deposit insurance applicable to that account, the depository 
institution shall deliver to the trust company or put under its control collateral 
security as outlined in Regulation 9.10 of the Comptroller of the Currency. However, 
if the instrument creating the fiduciary or managing agency account expressly 
permits money to be deposited in the affiliated depository institution, the money may 
be so deposited without setting aside collateral securities as required under this 
section and deposits in the event of insolvency of the depository institution shall be 
treated as other general deposits are treated. A trust company that deposits trust 
money in an affiliated depository institution is liable for interest on the deposits only 
at the rates, if any, paid by the depository institution on deposits of like kind.
(4)
In carrying out all aspects of its trust business, a trust company shall have all the 
powers, privileges, and duties as set forth in Sections 
75-7-813
 and 
75-7-814
75B-2-813
and 
75B-2-814
 with respect to trustees, whether or not the trust company is acting as a 
trustee as defined in 
Title 75, Utah Uniform Probate Code
Section 
75B-1-101
.
(5)
Nothing in this section may alter, amend, or limit the powers of a trust company acting 
in a fiduciary capacity as specified in the particular instrument or order creating the 
fiduciary relationship.
Section 4, Section 
7-5-10
 is amended to read:
7-5-10
. Lending trust funds to trust company, officer, director, or employee as 
felony.
(1)
Unless expressly permitted in the instrument creating a trust account or by a person 
authorized to give that permission or by a court order as permitted in Section 
75-7-802
, 
no trust company shall
75B-2-802
, a trust company may not
 lend to itself or to any 
officer or director or employee of the trust company any funds held in any trust account 
under the powers conferred in this chapter. 
(2)
Any officer, director or employee making such a loan, or to whom such a loan is made, 
is guilty of a third degree felony.
Section 5, Section 
7-5-11
 is amended to read:
7-5-11
. Self-dealing with trust property -- Own stock as trust property -- Policies 
for dealing with trust securities.
(1)
Except as provided in Section 
7-5-7
, in 
Title 75, Utah Uniform Probate Code
Title 
75B, Trusts
, or as authorized under the instrument creating the relationship, a trust 
company may not invest funds held as an agent or fiduciary in stock or obligations of, or 
with such funds acquire property from, the trust company or any of its directors, officers 
or employees, nor shall a trust company sell property held as an agent or fiduciary to the 
company or to any of its directors, officers, or employees.
(2)
A trust company may retain and vote stock of the trust company or of any of its 
affiliates received by it as assets of any trust account or in any other fiduciary 
relationship of which it is appointed agent or fiduciary, unless the instrument creating 
the relationship otherwise provides.
(3)
Every trust company shall adopt written policies and procedures regarding decisions or 
recommendations to purchase or sell any security to facilitate compliance with federal 
and state securities laws. These policies and procedures, in particular, shall prohibit the 
trust company from using material inside information in connection with any decision or 
recommendation to purchase or sell any security.
Section 6, Section 
8-4-2
 is amended to read:
8-4-2
. Endowment care cemetery trust funds -- Deposits in endowment fund -- 
Reports -- Penalties for failure to file -- Investment of trust fund money -- Attestation.
(1)
An endowment care cemetery shall establish an endowment care trust fund 
pursuant to 
Title 75, Chapter 7, Utah Uniform Trust Code
in accordance with Title 75B, Chapter 2, 
Uniform Trust Code
.
(a)
Any newly established endowment care cemetery or existing cemetery converting to 
an 
endowment care cemetery shall deposit a minimum of $25,000 in the 
endowment care trust fund.
(b)
Each endowment care cemetery shall deposit in the endowment care trust fund for 
each plot space sold or disposed of a minimum of:
(i)
$1.50 a square foot for each grave;
(ii)
$15 for each niche; and
(iii)
$60 for each crypt.
(2)
(a)
An endowment care cemetery shall collect endowment care funds only pursuant to 
a written contract of sale signed by the endowment care cemetery and the purchaser.
(b)
The contract of sale shall specify the terms of the endowment care trust consistent 
with this section and the terms of payment.
(c)
If requested by the purchaser, a copy of the endowment care trust shall be provided 
to the purchaser.
(3)
(a)
Each endowment care cemetery shall prepare an annual written report for the 
benefit of its trustor lot holders.
(b)
The report shall contain:
(i)
information determined to be reasonable and necessary to show compliance with 
the provisions of this chapter;
(ii)
the number and square feet of grave space;
(iii)
the number of crypts and niches sold or disposed of under endowment care 
during a specific period; and
(iv)
the dollar amount of sales, amounts paid, amounts receivable, and amounts 
deposited in endowment care funds for crypts, niches, and grave space during a 
specific period, set forth on the accrual basis as determined by the cemetery 
authority.
(c)
An officer of the endowment care cemetery authority shall verify the report.
(d)
The report shall be on file in the principal office of the endowment care cemetery 
and shall be made available upon request.
(e)
The report shall be completed by the 15th day of the third month following the end 
of the endowment care cemetery's fiscal year.
(4)
An officer, director, partner, proprietor, or other person having control of the records of 
an endowment care cemetery shall provide the reports and records necessary to comply 
with the provisions of this chapter.
(5)
A person is guilty of a class A misdemeanor who willfully and intentionally fails to:
(a)
deposit funds collected as endowment care funds into the endowment care trust 
within 30 days of receipt of the funds; or
(b)
prepare the report required by Subsection 
(3)
.
(6)
Endowment care funds may be invested separately or together. The investment income 
shall be divided between the funds in the proportion that each contributed to the invested 
amount.
(7)
Endowment care funds shall be invested in accordance with Section 
31A-18-105
 and 
Title 75, Chapter 7, Utah Uniform Trust Code
Title 75B, Chapter 2, Uniform Trust Code
.
(8)
(a)
An endowment care cemetery shall place endowment care funds with an 
independent trustee appointed by the endowment care cemetery.
(b)
A trustee may be independent even if it has common ownership with the cemetery.
(c)
The independent trustee shall be a depository institution, as defined by Section 
7-1-103
, or an insurer, as defined in Section 
31A-1-301
.
(9)
(a)
The trustee shall submit to the endowment care cemetery an annual independent 
attestation of the endowment care trust funds.
(b)
The attestation shall state:
(i)
the total amount of the general and special endowment care funds invested by law;
(ii)
the amount of cash on hand not invested;
(iii)
the location, description, and character of the investments in which the special 
endowment care funds are invested;
(iv)
the value of any securities held in the endowment care fund; and
(v)
the actual financial condition of the funds.
(10)
(a)
A trustee may not receive compensation for services and expenses, including 
audits, in excess of 5% of the income derived from an endowment care fund in any 
year.
(b)
If there are insufficient funds from the income derived from the endowment care 
trust fund to pay for the attestation of the endowment care funds, the endowment care 
cemetery shall pay amounts due from funds other than the endowment care trust fund 
or income derived from that fund.
(11)
The income from an endowment care fund shall be used for the care, maintenance, and 
embellishment of the cemetery as determined by the endowment care cemetery, and to 
pay for administering the fund.
Section 7, Section 
26B-3-1008
 is amended to read:
26B-3-1008
. Statute of limitations -- Survival of right of action -- Insurance 
policy not to limit time allowed for recovery.
(1)
(a)
Subject to Subsection 
(6)
, action commenced by the department under this part 
against a health insurance entity shall be commenced within:
(i)
subject to Subsection 
(7)
, six years after the day on which the department submits 
the claim for recovery or payment for the health care item or service upon which 
the action is based; or
(ii)
six months after the date of the last payment for medical assistance, whichever is 
later.
(b)
An action against any other third party, the recipient, or anyone to whom the 
proceeds are payable shall be commenced within:
(i)
four years after the date of the injury or onset of the illness; or
(ii)
six months after the date of the last payment for medical assistance, whichever is 
later.
(2)
The death of the recipient does not abate any right of action established by this part.
(3)
(a)
No insurance policy issued or renewed after June 1, 1981, may contain any 
provision that limits the time in which the department may submit its claim to 
recover medical assistance benefits to a period of less than 24 months from the date 
the provider furnishes services or goods to the recipient.
(b)
No insurance policy issued or renewed after April 30, 2007, may contain any 
provision that limits the time in which the department may submit its claim to 
recover medical assistance benefits to a period of less than that described in 
Subsection 
(1)(a)
.
(4)
The provisions of this section do not apply to Section 
26B-3-1013
 or Sections 
26B-3-1015
 through 
26B-3-1023
.
(5)
The provisions of this section supersede any other sections regarding the time limit in 
which an action shall be commenced, including Section 
75-7-509
75B-2-509
.
(6)
(a)
Subsection 
(1)(a)
 extends the statute of limitations on a cause of action described 
in Subsection 
(1)(a)
 that was not time-barred on or before April 30, 2007.
(b)
Subsection 
(1)(a)
 does not revive a cause of action that was time-barred on or before 
April 30, 2007.
(7)
An action described in Subsection 
(1)(a)
 may not be commenced if the claim for 
recovery or payment described in Subsection 
(1)(a)(i)
 is submitted later than three years 
after the day on which the health care item or service upon which the claim is based was 
provided.
Section 8, Section 
26B-3-1013
 is amended to read:
26B-3-1013
. Estate and trust recovery.
(1)
(a)
Except as provided in Subsection 
(1)(b)
, upon a recipient's death, the department 
may recover from the recipient's recovery estate and any trust, in which the recipient 
is the grantor and a beneficiary, medical assistance correctly provided for the benefit 
of the recipient when the recipient was 55 years old or older.
(b)
The department may not make an adjustment or a recovery under Subsection 
(1)(a)
:
(i)
while the deceased recipient's spouse is still living; or
(ii)
if the deceased recipient has a surviving child who is:
(A)
under 21 years old; or
(B)
blind or disabled, as defined in the state plan.
(2)
(a)
The amount of medical assistance correctly provided for the benefit of a recipient 
and recoverable under this section is a lien against the deceased recipient's recovery 
estate or any trust when the recipient is the grantor and a beneficiary.
(b)
The lien holds the same priority as reasonable and necessary medical expenses of the 
last illness as provided in Section 
75-3-805
.
(3)
(a)
For a lien described in Subsection 
(2)
, the department shall provide notice in 
accordance with Section 
38-12-102
.
(b)
Before final distribution, the department shall perfect the lien as follows:
(i)
for an estate, by presenting the lien to the estate's personal representative in 
accordance with Section 
75-3-804
; and
(ii)
for a trust, by presenting the lien to the trustee in accordance with Section 
75-7-510
75B-2-510
.
(c)
The department may file an amended lien before the entry of the final order to close 
the estate or trust.
(4)
Claims against a deceased recipient's inter vivos trust shall be presented in accordance 
with Sections 
75-7-509
 and 
75-7-510
75B-2-509
 and 
75B-2-510
.
(5)
Any trust provision that denies recovery for medical assistance is void at the time of its 
making.
(6)
Nothing in this section affects the right of the department to recover Medicaid 
assistance before a recipient's death under Section 
26B-3-1003
 or 
26B-3-1014
.
(7)
A lien imposed under this section is of indefinite duration. 
Section 9, Section 
49-11-303
 is amended to read:
49-11-303
. Fund investment standard -- Prudent investor rule.
The fund shall be invested in accordance with the prudent investor rule established in 
Title 75, Chapter 7, Part 9, Utah Uniform Prudent Investor Act
Title 75B, Chapter 2, Part 9, 
Uniform Prudent Investor Act
.
Section 10, Section 
51-7-14
 is amended to read:
51-7-14
. Prudent investor rule for management of investments -- Proxy voting -- 
Sale of security or investment for less than cost -- State treasurer access.
(1)
Subject to Subsection 
(2)
, a person selecting investments authorized by Sections 
51-7-11
and 
51-7-13
 shall:
(a)
select investments not for speculation but for investment; and
(b)
consider:
(i)
the probable safety of the capital;
(ii)
the probable benefits to be derived;
(iii)
the probable duration for which that investment may be made;
(iv)
the investment objectives specified in Section 
51-7-17
; and
(v)
the investment portfolio as a whole.
(2)
A public treasurer shall:
(a)
invest public funds in accordance with the prudent investor rule established in 
Title 
75, Chapter 7, Part 9, Utah Uniform Prudent Investor Act
Title 75B, Chapter 2, Part 9, 
Uniform Prudent Investor Act
;
(b)
make public fund investment decisions with the sole purpose of maximizing the 
risk-adjusted return on the investments; and
(c)
to the extent practicable:
(i)
(A)
retain the right to vote investor proxies; or
(B)
if the investments are commingled with another investor's funds, request the 
right to vote investor proxies; and
(ii)
ensure proxy voting is exercised to maximize risk-adjusted returns for the 
exclusive benefit of beneficiaries.
(3)
A public treasurer may sell or otherwise dispose of, at less than cost, any security or 
investment in which public funds under the public treasurer's jurisdiction have been 
invested if that sale or other disposition tends to maximize the benefits that may be 
derived from the changed investment.
(4)
(a)
A public treasurer shall make proxy voting records available to the state treasurer 
upon the state treasurer's request.
(b)
The state treasurer is subject to the same restrictions on disclosure of the proxy 
voting records as the originating public treasurer.
Section 11, Section 
53B-8a-107
 is amended to read:
53B-8a-107
. Program, administrative, and endowment funds -- Investment and 
payments from funds -- Proxy voting -- State treasurer access.
(1)
The plan shall segregate money received by the plan into three funds, the program fund, 
the administrative fund, and the endowment fund.
(2)
The board shall:
(a)
invest the plan in a manner that is consistent with the prudent investor rule for 
trustees established in 
Title 75, Chapter 7, Part 9, Utah Uniform Prudent Investor Act
Title 75B, Chapter 2, Part 9, Uniform Prudent Investor Act
;
(b)
in accordance with the board's fiduciary responsibilities, make investment decisions 
with the sole purpose of maximizing the risk-adjusted return on the investments; and
(c)
to the extent practicable:
(i)
(A)
retain the right to vote investor proxies; or
(B)
if the investments are commingled with another investor's funds, request the 
right to vote investor proxies; and
(ii)
ensure proxy voting is exercised to maximize risk-adjusted returns for the 
exclusive benefit of beneficiaries.
(3)
Transfers may be made from the program fund to the administrative fund to pay 
operating costs:
(a)
associated with administering the plan and as required under Sections 
53B-8a-103
through 
53B-8a-105
; and
(b)
as included in the budget approved by the board.
(4)
(a)
All money paid by account owners in connection with account agreements shall 
be deposited as received into separate accounts within the program fund which shall 
be invested and accounted for separately.
(b)
Money accrued by account owners in the program fund may be used for:
(i)
payments to any institution of higher education;
(ii)
payments to the account owner or beneficiary;
(iii)
transfers to another 529 plan; or
(iv)
other expenditures or transfers made in accordance with the account agreement.
(5)
(a)
All money received by the plan from the proceeds of gifts and other endowments 
for the purposes of the plan shall be:
(i)
deposited, according to the nature of the donation, as received into the endowment 
fund or the administrative fund; and
(ii)
invested and accounted for separately.
(b)
Any gifts, grants, or donations made by any governmental unit or any person, firm, 
partnership, or corporation to the plan for deposit to the endowment fund or the 
administrative fund is a grant, gift, or donation to the state for the accomplishment of 
a valid public eleemosynary, charitable, and educational purpose and is not included 
in the income of the donor for Utah tax purposes.
(c)
The endowment fund or the administrative fund may be used to enhance the savings 
of low income account owners investing in the plan, for scholarships, or for other 
college savings incentive programs as approved by the board.
(d)
Transfers may be made between the endowment fund and the administrative fund 
upon approval by the board.
(e)
Endowment fund earnings not accruing to a beneficiary under an account agreement, 
not transferred to the administrative fund, or not otherwise approved by the board for 
expenditure, shall be reinvested in the endowment fund.
(6)
Subsection 
(2)
 does not prohibit the board from offering individual account owners a 
variety of voluntary investment options that have different risk profiles and investment 
objectives.
(7)
(a)
The board shall make proxy voting records available to the state treasurer upon 
the state treasurer's request.
(b)
The state treasurer is subject to the same restrictions on disclosure of the proxy 
voting records as the board.
Section 12, Section 
58-9-703
 is amended to read:
58-9-703
. Trust agreement.
(1)
Each trust established by a funeral service establishment shall be administered in 
accordance with a trust agreement conforming with:
(a)
the requirements of this chapter;
(b)
rules adopted with respect to this chapter;
(c)
the provisions of 
Title 75, Chapter 7, Utah Uniform Trust Code
Title 75B, Chapter 
2, Uniform Trust Code
; and
(d)
all other state and federal laws applicable to trusts and trust agreements.
(2)
Each trust agreement shall require that the funeral service establishment maintain a copy 
of the trust agreement until five years after all of its obligations under the trust 
agreement have been executed or transferred.
(3)
Each trust agreement shall require that the trustee:
(a)
separately account for each contract; and
(b)
separately record payments with respect to each contract made into the corpus of the 
trust.
(4)
Each trust agreement shall provide for distributions from the trust in accordance with 
the provisions of this chapter upon:
(a)
the death of the beneficiary;
(b)
revocation of the contract by the funeral service establishment upon nonpayment by 
the buyer; or
(c)
revocation of the contract by the beneficiary or buyer.
Section 13, Section 
59-10-103
 is amended to read:
59-10-103
. Definitions.
(1)
As used in this chapter:
(a)
(i)
"Adjusted gross income":
(A)
for a resident or nonresident individual, means the same as that term is 
defined in Section 62, Internal Revenue Code; or
(B)
for a resident or nonresident estate or trust, is as calculated in Section 67(e), 
Internal Revenue Code.
(ii)
"Adjusted gross income" does not include:
(A)
income received from a loan forgiven in accordance with 15 U.S.C. Sec. 
636(a)
(36), to the extent that a deduction for the expenditures paid with the 
loan is disallowed, or a similar paycheck protection loan that is authorized by 
the federal government, provided in response to COVID-19, forgiven if the 
borrower meets the expenditure requirements, and exempt from federal income 
tax, to the extent that a deduction for the expenditures paid with the loan is 
disallowed; or
(B)
an amount that an individual receives in accordance with Section 6428, 
Internal Revenue Code, or an amount that an individual receives that is 
authorized by the federal government as a tax credit for the 2020 tax year, 
provided in response to COVID-19, paid in advance of the filing of the 
individual's 2020 federal income tax return, and exempt from federal income 
tax.
(b)
"Corporation" includes:
(i)
an association;
(ii)
a joint stock company; and
(iii)
an insurance company.
(c)
"COVID-19" means:
(i)
the severe acute respiratory syndrome coronavirus 2; or
(ii)
the disease caused by severe acute respiratory syndrome coronavirus 2.
(d)
"Distributable net income" means the same as that term is defined in Section 643, 
Internal Revenue Code.
(e)
"Employee" means the same as that term is defined in Section 
59-10-401
.
(f)
"Employer" means the same as that term is defined in Section 
59-10-401
.
(g)
"Federal taxable income":
(i)
for a resident or nonresident individual, means taxable income as defined by 
Section 63, Internal Revenue Code; or
(ii)
for a resident or nonresident estate or trust, is as calculated in Section 641(a) and 
(b), Internal Revenue Code.
(h)
"Fiduciary" means:
(i)
a guardian;
(ii)
a trustee;
(iii)
an executor;
(iv)
an administrator;
(v)
a receiver;
(vi)
a conservator; or
(vii)
any person acting in any fiduciary capacity for any individual.
(i)
"Guaranteed annuity interest" means the same as that term is defined in 26 C.F.R. 
Sec. 1.170A-6(c)(2).
(j)
"Homesteaded land diminished from the Uintah and Ouray Reservation" means the 
homesteaded land that was held to have been diminished from the Uintah and Ouray 
Reservation in Hagen v. Utah, 510 U.S. 399 (1994).
(k)
"Individual" means a natural person and includes aliens and minors.
(l)
"Irrevocable trust" means a trust in which the settlor may not revoke or terminate all 
or part of the trust without the consent of a person who has a substantial beneficial 
interest in the trust and the interest would be adversely affected by the exercise of the 
settlor's power to revoke or terminate all or part of the trust.
(m)
"Military service" means the same as that term is defined in Pub. L. No. 108-189, 
Sec. 101.
(n)
"Nonresident individual" means an individual who is not a resident of this state.
(o)
"Nonresident trust" or "nonresident estate" means a trust or estate which is not a 
resident estate or trust.
(p)
(i)
"Partnership" includes a syndicate, group, pool, joint venture, or other 
unincorporated organization:
(A)
through or by means of which any business, financial operation, or venture is 
carried on; and
(B)
that is not, within the meaning of this chapter, a trust, an estate, or a 
corporation.
(ii)
"Partnership" does not include any organization not included under the definition 
of "partnership" in Section 761, Internal Revenue Code.
(iii)
"Partner" includes a member in a syndicate, group, pool, joint venture, or 
organization described in Subsection 
(1)(p)(i)
.
(q)
"Pass-through entity" means the same as that term is defined in Section 
59-10-1402
.
(r)
"Pass-through entity taxpayer" means the same as that term is defined in Section 
59-10-1402
.
(s)
"Qualified nongrantor charitable lead trust" means a trust:
(i)
that is irrevocable;
(ii)
that has a trust term measured by:
(A)
a fixed term of years; or
(B)
the life of a person living on the day on which the trust is created;
(iii)
under which:
(A)
a portion of the value of the trust assets is distributed during the trust term:
(I)
to an organization described in Section 170(c), Internal Revenue Code; and
(II)
as a guaranteed annuity interest or a unitrust interest; and
(B)
assets remaining in the trust at the termination of the trust term are distributed 
to a beneficiary:
(I)
designated in the trust; and
(II)
that is not an organization described in Section 170(c), Internal Revenue 
Code;
(iv)
for which the trust is allowed a deduction under Section 642(c), Internal Revenue 
Code; and
(v)
under which the grantor of the trust is not treated as the owner of any portion of 
the trust for federal income tax purposes.
(t)
"Resident individual" means an individual who is domiciled in this state for any 
period of time during the taxable year, but only for the duration of the period during 
which the individual is domiciled in this state.
(u)
"Resident estate" or "resident trust" means the same as that term is defined in Section 
75-7-103
75B-2-103
.
(v)
" Service member" means the same as that term is defined in Pub. L. No. 108-189, 
Sec. 101.
(w)
"State income tax percentage for a nonresident estate or trust" means a percentage 
equal to a nonresident estate's or trust's state taxable income for the taxable year 
divided by the nonresident estate's or trust's total adjusted gross income for that 
taxable year after making the adjustments required by:
(i)
Section 
59-10-202
;
(ii)
Section 
59-10-207
;
(iii)
Section 
59-10-209.1
; or
(iv)
Section 
59-10-210
.
(x)
"State income tax percentage for a nonresident individual" means a percentage equal 
to a nonresident individual's state taxable income for the taxable year divided by the 
difference between:
(i)
subject to Section 
59-10-1405
, the nonresident individual's total adjusted gross 
income for that taxable year, after making the:
(A)
additions and subtractions required by Section 
59-10-114
; and
(B)
adjustments required by Section 
59-10-115
; and
(ii)
if the nonresident individual described in Subsection 
(1)(x)(i)
 is a service 
member, the compensation the service member receives for military service if the 
service member is serving in compliance with military orders.
(y)
"State income tax percentage for a part-year resident individual" means, for a taxable 
year, a fraction:
(i)
the numerator of which is the sum of:
(A)
subject to Section 
59-10-1404.5
, for the time period during the taxable year 
that the part-year resident individual is a resident, the part-year resident 
individual's total adjusted gross income for that time period, after making the:
(I)
additions and subtractions required by Section 
59-10-114
; and
(II)
adjustments required by Section 
59-10-115
; and
(B)
for the time period during the taxable year that the part-year resident 
individual is a nonresident, an amount calculated by:
(I)
determining the part-year resident individual's adjusted gross income for 
that time period, after making the:
(Aa)
additions and subtractions required by Section 
59-10-114
; and
(Bb)
adjustments required by Section 
59-10-115
; and
(II)
calculating the portion of the amount determined under Subsection 
(1)(y)(i)(B)(I)
 that is derived from Utah sources in accordance with Section 
59-10-117
; and
(ii)
the denominator of which is the difference between:
(A)
the part-year resident individual's total adjusted gross income for that taxable 
year, after making the:
(I)
additions and subtractions required by Section 
59-10-114
; and
(II)
adjustments required by Section 
59-10-115
; and
(B)
if the part-year resident individual is a service member, any compensation the 
service member receives for military service during the portion of the taxable 
year that the service member is a nonresident if the service member is serving 
in compliance with military orders.
(z)
"Taxable income" or "state taxable income":
(i)
subject to Section 
59-10-1404.5
, for a resident individual, means the resident 
individual's adjusted gross income after making the:
(A)
additions and subtractions required by Section 
59-10-114
; and
(B)
adjustments required by Section 
59-10-115
;
(ii)
for a nonresident individual, is an amount calculated by:
(A)
determining the nonresident individual's adjusted gross income for the taxable 
year, after making the:
(I)
additions and subtractions required by Section 
59-10-114
; and
(II)
adjustments required by Section 
59-10-115
; and
(B)
calculating the portion of the amount determined under Subsection 
(1)(z)(ii)(A)
 that is derived from Utah sources in accordance with Section 
59-10-117
;
(iii)
for a resident estate or trust, is as calculated under Section 
59-10-201.1
; and
(iv)
for a nonresident estate or trust, is as calculated under Section 
59-10-204
.
(aa)
"Taxpayer" means any of the following that has income subject in whole or part to 
the tax imposed by this chapter:
(i)
an individual;
(ii)
an estate, a trust, or a beneficiary of an estate or a trust that is not a pass-through 
entity or a pass-through entity taxpayer;
(iii)
a pass-through entity; or
(iv)
a pass-through entity taxpayer.
(bb)
"Trust term" means a time period:
(i)
beginning on the day on which a qualified nongrantor charitable lead trust is 
created; and
(ii)
ending on the day on which the qualified nongrantor charitable lead trust 
described in Subsection 
(1)(bb)(i)
 terminates.
(cc)
"Uintah and Ouray Reservation" means the lands recognized as being included 
within the Uintah and Ouray Reservation in:
(i)
Hagen v. Utah, 510 U.S. 399 (1994); and
(ii)
Ute Indian Tribe v. Utah, 114 F.3d 1513 (10th Cir. 1997).
(dd)
"Unadjusted income" means an amount equal to the difference between:
(i)
the total income required to be reported by a resident or nonresident estate or trust 
on the resident or nonresident estate's or trust's federal income tax return for 
estates and trusts for the taxable year; and
(ii)
the sum of the following:
(A)
fees paid or incurred to the fiduciary of a resident or nonresident estate or trust:
(I)
for administering the resident or nonresident estate or trust; and
(II)
that the resident or nonresident estate or trust deducts as allowed on the 
resident or nonresident estate's or trust's federal income tax return for estates 
and trusts for the taxable year;
(B)
the income distribution deduction that a resident or nonresident estate or trust 
deducts under Section 651 or 661, Internal Revenue Code, as allowed on the 
resident or nonresident estate's or trust's federal income tax return for estates 
and trusts for the taxable year;
(C)
the amount that a resident or nonresident estate or trust deducts as a deduction 
for estate tax or generation skipping transfer tax under Section 691(c), Internal 
Revenue Code, as allowed on the resident or nonresident estate's or trust's 
federal income tax return for estates and trusts for the taxable year; and
(D)
the amount that a resident or nonresident estate or trust deducts as a personal 
exemption under Section 642(b), Internal Revenue Code, as allowed on the 
resident or nonresident estate's or trust's federal income tax return for estates 
and trusts for the taxable year.
(ee)
"Unitrust interest" means the same as that term is defined in 26 C.F.R. Sec. 
1.170A-6(c)(2).
(ff)
"Ute tribal member" means an individual who is enrolled as a member of the Ute 
Indian Tribe of the Uintah and Ouray Reservation.
(gg)
"Ute tribe" means the Ute Indian Tribe of the Uintah and Ouray Reservation.
(hh)
"Wages" means the same as that term is defined in Section 
59-10-401
.
(2)
(a)
Any term used in this chapter has the same meaning as when used in comparable 
context in the laws of the United States relating to federal income taxes unless a 
different meaning is clearly required.
(b)
Any reference to the Internal Revenue Code or to the laws of the United States shall 
mean the Internal Revenue Code or other provisions of the laws of the United States 
relating to federal income taxes that are in effect for the taxable year.
(c)
Any reference to a specific section of the Internal Revenue Code or other provision 
of the laws of the United States relating to federal income taxes shall include any 
corresponding or comparable provisions of the Internal Revenue Code as amended, 
redesignated, or reenacted.
Section 14, Section 
75-1-102
 is amended to read:
75-1-102
. Purposes -- Rule of construction.
(1)
This 
code
title
 shall be liberally construed and applied to promote its underlying 
purposes and policies.
(2)
The underlying purposes and policies of this 
code
title
 are:
(a)
To
to
 simplify and clarify the law concerning the affairs of decedents, missing 
persons, protected persons, minors, and incapacitated persons;
(b)
To
to
 discover and make effective the intent of a decedent in distribution of 
his
the 
decedent's
 property;
(c)
To
to
 promote a speedy and efficient system for administering the estate of the 
decedent and making distribution to 
his
the decedent's
 successors;
(d)
To
to
 facilitate use and enforcement of certain trusts; and
(e)
To
to
 make uniform the law among the various jurisdictions.
Section 15, Section 
75-1-103
 is amended to read:
75-1-103
. Supplementary general principles of law applicable.
Unless displaced by the particular provisions of this 
code
title
, the principles of law and 
equity supplement 
its provisions
the provisions of this title
.
Section 16, Section 
75-1-104
 is amended to read:
75-1-104
. Severability.
If any provision of this 
code
title
 or the application 
thereof
of this title
 to any person or 
circumstances is held invalid, the invalidity shall not affect other provisions or applications of 
the code which
this title that
 can be given effect without the invalid provision or application, 
and to this end the provisions of this 
code
title
 are declared to be severable.
Section 17, Section 
75-1-105
 is amended to read:
75-1-105
. Construction against implied repeal.
This 
code
title
 is a general act intended as a unified coverage of 
its
the title's
 subject 
matter, and no part of 
it
this title
 shall be deemed impliedly repealed by subsequent 
legislation if it can reasonably be avoided. 
Section 18, Section 
75-1-106
 is amended to read:
75-1-106
. Effect of fraud and evasion.
(1)
Whenever fraud has been perpetrated in connection with any proceeding or in any 
statement filed under this 
code
title
 or if fraud is used to avoid or circumvent the 
provisions or purposes of this 
code
title
, any person injured thereby may obtain 
appropriate relief against the perpetrator of the fraud or restitution from any person
 (
, 
other than a bona fide purchaser
)
,
 benefitting from the fraud, whether innocent or not. 
(2)
Any proceeding must be commenced within three years after the discovery of the fraud, 
but no proceeding may be brought against one not a perpetrator of the fraud later than 
five years after the time of commission of the fraud. 
(3)
This section has no bearing on remedies relating to fraud practiced on a decedent during 
his
the decedent's
 lifetime which affects the succession of 
his
the decedent's
 estate.
Section 19, Section 
75-1-111
, which is renumbered from Section 75-8-101 is renumbered 
and amended to read:
75-8-101
75-1-111
. Time of taking effect -- Provisions for transition.
(1)
This 
code
title
 takes effect on July 1, 1977.
(2)
Except as 
provided elsewhere in this code, on the effective date of this code
otherwise 
provided by this title
:
(a)
This code
this title
 applies to any wills of decedents dying 
thereafter.
on or after 
July 1, 1977;
(b)
The code
the title
 applies to any proceedings in court 
then pending or thereafter 
commenced
that are pending or commenced on or after July 1, 1977,
 regardless of 
the time of the death of decedent except to the extent that in the opinion of the court 
the former procedure should be made applicable in a particular case in the interest of 
justice or because of infeasibility of application of the procedure of this 
code.
title;
(c)
Every
every
 personal representative including a person administering an estate of a 
minor or incompetent holding an appointment on 
that date
July 1, 1977
, continues to 
hold the appointment but has only the powers conferred by this 
code
title
 and is 
subject to the duties imposed with respect to any act occurring or done 
thereafter.
on 
or after July 1, 1977;
(d)
(i)
An
an
 act done before 
the effective date
July 1, 1977,
 in any proceeding and 
any accrued right is not impaired by this 
code.
title; and
(ii)
If
if
 a right is acquired, extinguished or barred upon the expiration of a 
prescribed period of time which has commenced to run by the provisions of any 
statute before 
the effective date
July 1, 1977
, the provisions shall remain in force 
with respect to that right
.
; and
(e)
Any
any
 rule of construction or presumption provided in this 
code
title
 applies to 
instruments executed and multiple-party accounts opened before 
the effective date
July 1, 1977,
 unless there is a clear indication of a contrary intent.
Section 20, Section 
75-1-201
 is amended to read:
75-1-201
. Title definitions.
As used in this title:
(1)
"Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, 
an individual authorized to make decisions concerning another's health care, and an 
individual authorized to make decisions for another under a natural death act.
(2)
"Application" means a written request to the registrar for an order of informal probate or 
appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings.
(3)
(a)
"Beneficiary," as it relates to trust beneficiaries, includes:
(i)
a person who has any present or future interest, vested or contingent; and
(ii)
the owner of an interest by assignment or other transfer.
(b)
"Beneficiary," as it relates to a charitable trust, includes any person entitled to 
enforce the trust.
(c)
"Beneficiary," as it relates to a beneficiary of a beneficiary designation, means a 
beneficiary of:
(i)
an insurance or annuity policy;
(ii)
an account with POD designation;
(iii)
a security registered in beneficiary form (TOD);
(iv)
a pension, profit-sharing, retirement, or similar benefit plan; or
(v)
 other nonprobate transfer at death.
(d)
"Beneficiary," as it relates to a beneficiary designated in a governing instrument, 
includes:
(i)
a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary 
designation, a donee, appointee, or taker in default of a power of appointment; and
(ii)
a person in whose favor a power of attorney or a power held in any individual, 
fiduciary, or representative capacity is exercised.
(4)
"Beneficiary designation" means a governing instrument naming a beneficiary of an 
insurance or annuity policy, of an account with POD designation, of a security registered 
in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit 
plan, or other nonprobate transfer at death.
(5)
(a)
"Child" includes any individual entitled to take as a child under this title by 
intestate succession from the parent whose relationship is involved.
(b)
"Child" does not include an individual who is only a stepchild, a foster child, a 
grandchild, or any more remote descendant.
(6)
(a)
"Claims," in respect to estates of decedents and protected persons, includes 
liabilities of the decedent or protected person, whether arising in contract, in tort, or 
otherwise, and liabilities of the estate which arise at or after the death of the decedent 
or after the appointment of a conservator, including funeral expenses and expenses of 
administration.
(b)
"Claims" does not include estate or inheritance taxes, or demands or disputes 
regarding title of a decedent or protected person to specific assets alleged to be 
included in the estate.
(7)
"Community property with a right of survivorship" means joint tenants with the right of 
survivorship.
(8)
"Conservator" means a person who is appointed by a court to manage the estate of a 
protected person.
(9)
"Court" means any of the courts of record in this state having jurisdiction in matters 
relating to the affairs of decedents.
(10)
"Descendant" means all of an individual's descendants of all generations, with the 
relationship of parent and child at each generation being determined by the definition of 
child and parent contained in this title.
(11)
"Devise," when used as a noun, means a testamentary disposition of real or personal 
property and, when used as a verb, means to dispose of real or personal property by will.
(12)
"Devisee" means any person designated in a will to receive a devise. For the purposes 
of 
Chapter 3, Probate of Wills and Administration
, in the case of a devise to an existing 
trust or trustee, or to a trustee in trust described by will, the trust or trustee is the devisee, 
and the beneficiaries are not devisees.
(13)
"Disability" means cause for a protective order as described by Section 
75-5-401
.
(14)
"Distributee" means any person who has received property of a decedent from his 
personal representative other than as a creditor or purchaser. A testamentary trustee is a 
distributee only to the extent of distributed assets or increment thereto remaining in his 
hands. A beneficiary of a testamentary trust to whom the trustee has distributed 
property received from a personal representative is a distributee of the personal 
representative. For purposes of this provision, "testamentary trustee" includes a trustee 
to whom assets are transferred by will, to the extent of the devised assets.
(15)
"Estate" includes the property of the decedent, trust, or other person whose affairs are 
subject to this title as originally constituted and as it exists from time to time during 
administration.
(16)
"Exempt property" means that property of a decedent's estate which is described in 
Section 
75-2-403
.
(17)
"Fiduciary" includes a personal representative, guardian, conservator, and trustee.
(18)
"Foreign personal representative" means a personal representative of another 
jurisdiction.
(19)
"Formal proceedings" means proceedings conducted before a judge with notice to 
interested persons.
(20)
"General personal representative" does not include a special administrator.
(21)
"Governing instrument" means a deed, will, trust, insurance or annuity policy, account 
with POD designation, security registered in beneficiary form (TOD), pension, 
profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a 
power of appointment or a power of attorney, or a dispositive, appointive, or nominative 
instrument of any similar type.
(22)
(a)
"Guardian" means a person who has qualified as a guardian of a minor or 
incapacitated person pursuant to testamentary or court appointment, or by written 
instrument as provided in Section 
75-5-202.5
.
(b)
"Guardian" does not include a person who is merely a guardian ad litem.
(22)
(a)
"Guardian" means a person appointed by the court to make decisions with 
respect to the personal affairs of an individual.
(b)
"Guardian" includes a coguardian.
(c)
"Guardian" does not include a guardian ad litem.
(23)
"Heirs," except as controlled by Section 
75-2-711
, means persons, including the 
surviving spouse and state, who are entitled under the statutes of intestate succession to 
the property of a decedent.
(24)
"Incapacitated" means a judicial determination after proof by clear and convincing 
evidence that an adult's ability to do the following is impaired to the extent that the 
individual lacks the ability, even with appropriate technological assistance, to meet the 
essential requirements for financial protection or physical health, safety, or self-care:
(a)
receive and evaluate information;
(b)
make and communicate decisions; or
(c)
provide for necessities such as food, shelter, clothing, health care, or safety.
(25)
"Incapacity" means incapacitated.
(26)
"Informal proceedings" mean a proceeding conducted without notice to interested 
persons by an officer of the court acting as a registrar for probate of a will or 
appointment of a personal representative.
(27)
(a)
"Interested person" includes heirs, devisees, children, spouses, creditors, 
beneficiaries, and any others having a property right in or claim against a trust estate 
or the estate of a decedent, ward, or protected person. The meaning of interested 
person as it relates to particular persons may vary from time to time and is 
determined according to the particular purposes of, and matter involved in, any 
proceeding.
(b)
"Interested person" includes persons having priority for appointment as personal 
representative, other fiduciaries representing interested persons, a settlor of a trust, if 
living, or the settlor's legal representative, if any, if the settlor is living but 
incapacitated. 
(28)
"Issue" means a descendant of an individual.
(29)
(a)
"Joint tenants with the right of survivorship" includes coowners of property held 
under circumstances that entitle one or more to the whole of the property on the death 
of the other.
(b)
"Joint tenants with the right of survivorship" does not include forms of coownership 
registration in which the underlying ownership of each party is in proportion to that 
party's contribution.
(30)
"Lease" includes an oil, gas, or other mineral lease.
(31)
"Letters" includes letters testamentary, letters of guardianship, letters of 
administration, and letters of conservatorship.
(32)
"Minor" means 
a person
an individual
 who is under 18 years old.
(33)
"Minor protected person" means a minor for whom a conservator has been appointed 
because of minority.
(34)
"Minor ward" means a minor for whom a guardian has been appointed solely because 
of minority.
(35)
"Mortgage" means any conveyance, agreement, or arrangement in which property is 
used as security.
(36)
"Nonresident decedent" means a decedent who was domiciled in another jurisdiction at 
the time of the decedent's death.
(37)
"Organization" includes a corporation, limited liability company, business trust, 
estate, trust, partnership, joint venture, association, government or governmental 
subdivision or agency, or any other legal or commercial entity.
(37)
"Organization" means an association, a business trust, a corporation, a partnership, a 
government or governmental subdivision, agency, or instrumentality, an estate, a limited 
liability company, a joint venture, a trust, or any other legal or commercial entity.
(38)
(a)
"Parent" includes any person entitled to take, or who would be entitled to take if 
the child died without a will, as a parent under this title by intestate succession from 
the child whose relationship is in question.
(b)
"Parent" does not include any person who is only a stepparent, foster parent, or 
grandparent.
(39)
"Payor" means a trustee, insurer, business entity, employer, government, governmental 
agency or subdivision, or any other person authorized or obligated by law or a governing 
instrument to make payments.
(40)
"Person" means an individual or an organization.
(41)
"Personal representative" includes executor, administrator, successor personal 
representative, special administrator, and persons who perform substantially the same 
function under the law governing their status.
(41)
"Personal representative" means an executor, an administrator, a successor personal 
representative, a special administrator, or a person who performs substantially the same 
function under the law governing the person's status.
(42)
"Petition" means a written request to the court for an order after notice.
(43)
"Proceeding" includes action at law and suit in equity.
(44)
"Property" includes both real and personal property or any interest therein and means 
anything that may be the subject of ownership.
(44)
"Property" means anything that may be the subject of ownership, whether real or 
personal, legal or equitable, or any interest in anything that may be the subject of 
ownership.
(45)
"Protected person" means a person for whom a conservator has been appointed. 
(46)
"Protective proceeding" means a proceeding described in Section 
75-5-401
.
(47)
"Record" means information that is inscribed on a tangible medium or that is stored in 
an electronic or other medium and is retrievable in perceivable form.
(48)
"Registrar" means the official of the court designated to perform the functions of 
registrar as provided in Section 
75-1-307
.
(49)
"Security" includes any note, stock, treasury stock, bond, debenture, evidence of 
indebtedness, certificate of interest, or participation in an oil, gas, or mining title or lease 
or in payments out of production under such a title or lease, collateral trust certificate, 
transferable share, voting trust certificate, and, in general, any interest or instrument 
commonly known as a security, or any certificate of interest or participation, any 
temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or 
right to subscribe to or purchase, any of the foregoing.
(50)
"Settlement," in reference to a decedent's estate, includes the full process of 
administration, distribution, and closing.
(51)
"Settlor" means the same as that term is defined in Section 
75B-1-101
.
(51)
(52)
"Sign" means, with present intent to authenticate or adopt a record other than a 
will
 that is not an electronic will as defined in Section 
75-2-1402
:
(a)
to execute or adopt a tangible symbol; or
(b)
to attach to or logically associate with the record an electronic symbol, sound, or 
process.
(52)
(53)
"Special administrator" means a personal representative as described in Sections 
75-3-614
 through 
75-3-618
.
(53)
(54)
"State" means a state of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico,
 the United States Virgin Islands,
 any territory or insular 
possession subject to the jurisdiction of the United States, or a Native American tribe or 
band recognized by federal law or formally acknowledged by a state.
(54)
(55)
"Successor personal representative" means a personal representative, other than a 
special administrator, who is appointed to succeed a previously appointed personal 
representative.
(55)
(56)
"Successors" means persons, other than creditors, who are entitled to property of 
a decedent under the decedent's will or this title.
(56)
(57)
"Supervised administration" means the proceedings described in Chapter 3, Part 5, 
Supervised Administration.
(57)
(58)
(a)
"Survive" means, except for Chapter 6, Part 3, Uniform Transfer on Death 
Security Registration Act, that an individual has neither predeceased an event, 
including the death of another individual, nor is considered to have predeceased an 
event under Section 
75-2-104
 or 
75-2-702
. 
(b)
"Survive" includes its derivatives, such as "survives," "survived," "survivor," and 
"surviving."
(58)
(59)
"Testacy proceeding" means a proceeding to establish a will or determine 
intestacy.
(59)
(60)
"Testator" includes an individual of either sex.
(60)
(a)
"Trust" includes:
(i)
a health savings account, as defined in Section 223of the Internal Revenue Code;
(ii)
an express trust, private or charitable, with additions thereto, wherever and 
however created; or
(iii)
a trust created or determined by judgment or decree under which the trust is to 
be administered in the manner of an express trust. 
(b)
"Trust" does not include:
(i)
a constructive trust;
(ii)
a resulting trust;
(iii)
a conservatorship;
(iv)
a personal representative;
(v)
a trust account as defined in Chapter 6, Nonprobate Transfers;
(vi)
a custodial arrangement under Title 75A, Chapter 8, Uniform Transfers To 
Minors Act;
(vii)
a business trust providing for certificates to be issued to beneficiaries;
(viii)
a common trust fund;
(ix)
a voting trust;
(x)
a preneed funeral plan under Title 58, Chapter 9, Funeral Services Licensing Act;
(xi)
a security arrangement;
(xii)
a liquidation trust;
(xiii)
a trust for the primary purpose of paying debts, dividends, interest, salaries, 
wages, profits, pensions, or employee benefits of any kind; or
(xiv)
any arrangement under which a person is nominee or escrowee for another.
(61)
"Trustee" includes an original, additional, and successor trustee, and cotrustee, 
whether or not appointed or confirmed by the court.
(61)
"Trust" means the same as that term is defined in Section 
75B-1-101
.
(62)
"Trustee" means the same as that term is defined in Section 
75B-1-101
.
(62)
(63)
"Ward" means 
a person
an individual
 for whom a guardian has been appointed. 
(63)
"Will" includes codicil and any testamentary instrument which merely appoints an 
executor, revokes or revises another will, nominates a guardian, or expressly excludes or 
limits the right of an individual or class to succeed to property of the decedent passing 
by intestate succession.
(64)
(a)
"Will" means a writing or other record:
(i)
by which an individual directs the disposition of the individual's estate upon the 
individual's death; and
(ii)
only effective upon the death of the individual.
(b)
"Will" includes a writing or the other record described in Subsection 
(64)(a)
 that is:
(i)
a codicil; or
(ii)
an instrument that merely:
(A)
appoints a personal representative;
(B)
nominates a guardian for a minor or an individual who is incapacitated;
(C)
revokes or revises a prior writing or other record described in Subsection 
(64)(a); or
(D)
expressly limits or excludes the right of an individual or class to succeed to 
property by interstate succession.
Section 21, Section 
75-1-301
 is amended to read:
75-1-301
. Territorial application.
Except as otherwise provided in this 
code
title
, this 
code
title
 applies to:
(1)
The
the
 affairs and estates of decedents, missing persons, and persons to be protected, 
domiciled in this state;
(2)
The
the
 property of nonresidents located in this state or property coming into the 
control of a fiduciary who is subject to the laws of this state;
(3)
Incapacitated
incapacitated
 persons and minors in this state;
(4)
Survivorship
survivorship
 and related accounts in this state; and
(5)
Trusts
trusts
 subject to administration in this state.
Section 22, Section 
75-1-303
 is amended to read:
75-1-303
. Venue -- Multiple proceedings -- Transfer -- Orders and hearings.
(1)
Where a proceeding under this 
code
title
 could be maintained in more than one place in 
this state, the court in which the proceeding is first commenced has the exclusive right to 
proceed.
(2)
(a)
If proceedings concerning the same estate, protected person, ward, or trust are 
commenced in more than one court of this state
,
:
(i)
the court in which the proceeding was first commenced shall continue to hear the 
matter
, and the other courts
; and
(ii)
the other court
 shall hold the matter in abeyance until the question of venue is 
decided
; and if
.
(b)
If
 the ruling court determines that venue is properly in another court, 
it
the ruling 
court
 shall transfer the proceeding to the other court.
(3)
If a court finds that in the interest of justice a proceeding or a file should be located in 
another court of this state, the court making the finding may transfer the proceeding or 
file to the other court.
(4)
(a)
The 
judge of the 
court in which any proceeding under this 
code
title
 is pending 
may make any order relating to the proceeding in chambers at any place in 
his
the 
court's
 district, and the order shall have the same force and effect as if made by the 
court sitting in the proper county. 
(b)
The hearing of any matter requiring notice shall be had at the time and place 
appointed or at the time to which the same may be postponed, except that where there 
is no contest or where all the parties consent, the hearing may be had at any place 
within the judicial district in which the matter is pending.
Section 23, Section 
75-1-304
 is amended to read:
75-1-304
. Practice in court.
Unless specifically provided to the contrary in this 
code
title
 or unless inconsistent with 
its
this title's
 provisions, the 
rules of civil procedure
Utah Rules of Civil Procedure
, including 
the rules concerning vacation of orders and appellate review, govern formal proceedings under 
this 
code
title
.
Section 24, Section 
75-1-305
 is amended to read:
75-1-305
. Records and certified copies.
(1)
The clerk of the court shall keep a record for each decedent, ward, protected 
person, or trust involved in any document which may be filed with the court under this 
code
title
, including petitions and applications, demands for notices or bonds, and of any 
orders or responses relating thereto by the registrar or court, and establish and maintain a 
system for indexing, filing, or recording which is sufficient to enable users of the records 
to obtain adequate information. 
(2)
Upon payment of the fees required by law the clerk must issue certified copies of any 
probated wills, letters issued to personal representatives, or any other record or paper 
filed or recorded. 
(3)
Certificates relating to probated wills must indicate whether the decedent was domiciled 
in this state and whether the probate was formal or informal. 
(4)
Certificates relating to letters must show the date of appointment.
Section 25, Section 
75-1-309
 is amended to read:
75-1-309
. Oath or affirmation on filed documents.
(1)
Except as otherwise specifically provided in this 
code
title
 or by rule, every 
document filed with the court under this code, including applications, petitions, and 
demands for notice, shall be deemed to include an oath, affirmation, or statement to the 
effect that its representations are true as far as the person executing or filing it knows or 
is informed
; and penalties
.
(2)
Penalties
 for perjury may follow deliberate falsification therein.
Section 26, Section 
75-1-310
 is amended to read:
75-1-310
. Costs -- In discretion of court.
When not otherwise prescribed in this 
code, the court, or the Supreme Court on appeal 
from the court, may, in its 
title, the court, or an appellate court on appeal from the court, may 
in the court's 
discretion, order costs to be paid by any party to the proceedings or out of the 
assets of the estate as justice may require.
Section 27, Section 
75-1-311
 is amended to read:
75-1-311
. Consent to jurisdiction.
(1)
By submitting an application for informal probate or appointment or a petition for 
formal probate, adjudication of intestacy, or appointment the applicant or petitioner 
subjects himself to the jurisdiction of the court in all matters arising under this 
code
title
. 
(2)
Notice of any proceeding sought to be maintained against the applicant or petitioner 
pursuant to his submission to jurisdiction shall be delivered to him or mailed to him by 
ordinary first-class mail at his address as it is known to the moving party or as listed in 
the application or petition or as thereafter reported to the court.
Section 28, Section 
75-1-404
 is amended to read:
75-1-404
. Publication in newspapers.
(1)
Newspapers shall publish all notices of proceedings under 
the code
this title
 under 
the heading "Probate, Guardianship, Conservator and Trust Notices. Consult clerk of the 
court or the respective signers for further information." 
These notices
(2)
The notices under Subsection (1)
 shall be published as often during the prescribed 
period as the paper is regularly issued, unless otherwise provided by law or directed by 
the court, and as far as possible in one column in the alphabetical order of the surnames 
of decedents, wards, incapacitated persons, and creators of trusts.
Section 29, Section 
75-2-803
 is amended to read:
75-2-803
. Definitions -- Effect of homicide on intestate succession, wills, trusts, 
joint assets, life insurance, and beneficiary designations -- Petition -- Forfeiture -- 
Revocation.
(1)
As used in this section:
(a)
"Conviction" means the same as that term is defined in Section 
77-38b-102
.
(b)
"Decedent" means a deceased individual.
(c)
"Disposition or appointment of property" includes a transfer of an item of property or 
any other benefit to a beneficiary designated in a governing instrument.
(d)
(i)
Except as provided in Subsection (1)(d)(ii), "disqualifying homicide" means 
any felony homicide offense described in Title 76, Chapter 5, Offenses Against 
the Individual, for which the elements are established by a preponderance of the 
evidence and by applying the same principles of culpability and defenses 
described in Title 76, Utah Criminal Code.
(ii)
"Disqualifying homicide" does not include an offense for:
(A)
automobile homicide, as described in Section 
76-5-207
; and
(B)
automobile homicide involving using a handheld wireless communication 
device while driving, as described in Section 
76-5-207.5
.
(e)
"Governing instrument" means a governing instrument executed by the decedent.
(f)
"Killer" means an individual who commits a disqualifying homicide.
(g)
"Revocable" means a disposition, appointment, provision, or nomination under 
which the decedent, at the time of or immediately before death, was alone 
empowered, by law or under the governing instrument, to cancel the designation in 
favor of the killer regardless of whether at the time or immediately before death:
(i)
the decedent was empowered to designate the decedent in place of the decedent's 
killer; or
(ii)
the decedent had the capacity to exercise the power.
(2)
(a)
An individual who commits a disqualifying homicide of the decedent forfeits all 
benefits under this chapter with respect to the decedent's estate, including an intestate 
share, an elective share, an omitted spouse's or child's share, a homestead allowance, 
exempt property, and a family allowance.
(b)
If the decedent died intestate, the decedent's intestate estate passes as if the killer 
disclaimed the killer's intestate share.
(3)
The killing of the decedent by means of a disqualifying homicide:
(a)
revokes any revocable:
(i)
disposition or appointment of property made by the decedent to the killer in a 
governing instrument;
(ii)
provision in a governing instrument conferring a general or nongeneral power of 
appointment on the killer; and
(iii)
nomination of the killer in a governing instrument, nominating or appointing the 
killer to serve in any fiduciary or representative capacity, including a personal 
representative, executor, trustee, or agent; and
(b)
severs the interests of the decedent and killer in property held by them at the time of 
the killing as joint tenants with the right of survivorship, transforming the interests of 
the decedent and killer into tenancies in common.
(4)
A severance under Subsection (3)(b) does not affect any third-party interest in property 
acquired for value and in good faith reliance on an apparent title by survivorship in the 
killer unless a writing declaring the severance has been noted, registered, filed, or 
recorded in records appropriate to the kind and location of the property which are relied 
upon, in the ordinary course of transactions involving such property, as evidence of 
ownership.
(5)
Provisions of a governing instrument are given effect as if the killer disclaimed all 
provisions revoked by this section or, in the case of a revoked nomination in a fiduciary 
or representative capacity, as if the killer predeceased the decedent.
(6)
A wrongful acquisition of property or interest by one who kills another under 
circumstances not covered by this section shall be treated in accordance with the 
principle that a killer cannot profit from the killer's wrong.
(7)
(a)
An interested person may petition the court to determine whether an individual 
has committed a disqualifying homicide of the decedent.
(b)
An individual has committed a disqualifying homicide of the decedent for purposes 
of this section if:
(i)
unless the court finds that disinheritance would create a manifest injustice, the 
court finds that, by a preponderance of the evidence, the individual has committed 
a disqualifying homicide of the decedent; or
(ii)
the court finds that a judgment of conviction has been entered against the 
individual for a disqualifying homicide of the decedent and all direct appeals for 
the judgment have been exhausted.
(8)
(a)
Before a court determines whether an individual committed a disqualifying 
homicide of the decedent under Subsection (7), the decedent's estate may petition the 
court to:
(i)
enter a temporary restraining order, an injunction, or a temporary restraining order 
and an injunction, to preserve the property or assets of the killer or the killer's 
estate;
(ii)
require the execution of a trustee's bond under Section 
75-7-702
75B-2-702
 for 
the killer's estate;
(iii)
establish a constructive trust on any property or assets of the killer or the killer's 
estate that is effective from the time the killer's act caused the death of the 
decedent; or
(iv)
take any other action necessary to preserve the property or assets of the killer or 
the killer's estate:
(A)
until a court makes a determination under Subsection (7); or
(B)
for the payment of all damages and judgments for conduct resulting in the 
disqualifying homicide of the decedent.
(b)
Upon a petition for a temporary restraining order or an injunction under Subsection 
(8)(a)(i), a court may enter a temporary restraining order against an owner's property 
in accordance with Rule 65A of the Utah Rules of Civil Procedure, without notice or 
opportunity of a hearing, if the court determines that:
(i)
there is a substantial likelihood that the property is, or will be, necessary to satisfy 
a judgment or damages owed by the killer for conduct resulting in the 
disqualifying homicide of the decedent; and
(ii)
notice of the hearing would likely result in the property being:
(A)
sold, distributed, destroyed, or removed; and
(B)
unavailable to satisfy a judgment or damages owed by the killer for conduct 
resulting in the disqualifying homicide of the decedent.
(9)
(a)
(i)
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 beneficiary designated in a 
governing instrument affected by a disqualifying homicide, or for having taken 
any other action in good faith reliance on the validity of the governing instrument, 
upon request and satisfactory proof of the decedent's death, before the payor or 
other third party received written notice of a claimed forfeiture or revocation 
under this section.
(ii)
A payor or other third party is liable for a payment made or other action taken 
after the payor or other third party received written notice of a claimed forfeiture 
or revocation under this section.
(b)
(i)
Written notice of a claimed forfeiture or revocation under Subsection (9)(a) 
shall be mailed to the payor's or other third party's main office or home by 
registered or certified mail, return receipt requested, or served upon the payor or 
other third party in the same manner as a summons in a civil action.
(ii)
Upon receipt of written notice of a claimed forfeiture or revocation under this 
section, a payor or other third party may pay any amount owed or transfer or 
deposit any item of property held by the payor or third party to or with:
(A)
the court having jurisdiction of the probate proceedings relating to the 
decedent's estate; or
(B)
if no proceedings have been commenced, the court having jurisdiction of 
probate proceedings relating to the decedent's estates located in the county of 
the decedent's residence.
(iii)
The court shall hold the funds or item of property and, upon the court's 
determination under this section, shall order disbursement in accordance with the 
determination.
(iv)
Payments, transfers, or deposits made to or with the court discharge the payor or 
other third party from all claims for the value of amounts paid to or items of 
property transferred to or deposited with the court.
(10)
(a)
A person who purchases property for value and without notice, or who receives a 
payment or other item of property in partial or full satisfaction of a legally 
enforceable obligation, is:
(i)
not obligated under this section to return the payment, item of property, or benefit; 
and
(ii)
not liable under this section for the amount of the payment or the value of the 
item of property or benefit. 
(b)
Notwithstanding Subsection (10)(a), a person who, not for value, receives a payment, 
item of property, or any other benefit to which the person is not entitled under this 
section is:
(i)
obligated to return the payment, item of property, or benefit to the person who is 
entitled to the payment, property, or benefit under this section; and
(ii)
personally liable for the amount of the payment or the value of the item of 
property or benefit to the person who is entitled to the payment, property, or 
benefit under this section.
(c)
If this section or any part of this section is preempted by federal law with respect to a 
payment, an item of property, or any other benefit covered by this section, a person 
who, not for value, receives the payment, item of property, or any other benefit to 
which the person is not entitled under this section is:
(i)
obligated to return the payment, item of property, or benefit to the person who 
would have been entitled to the payment, property, or benefit if this section or part 
were not preempted; and
(ii)
personally liable for the amount of the payment or the value of the item of 
property or benefit, to the person who would have been entitled to the payment, 
property, or benefit if this section or part were not preempted.
Section 30, Section 
75-2-1209
 is amended to read:
75-2-1209
. Real estate conveyed to a trust under the Statutory Rule Against 
Perpetuities.
On or after the effective date, when title to real property is granted to the trustee of a 
trust governed by 
Title 75, Chapter 2, Part 12, Statutory Rule Against Perpetuities
, the terms of 
the trust, provisions regarding the appointment of successor trustees, and the names and 
addresses of successor trustees must be disclosed in accordance with Section 
75-7-816
75B-2-816
.
Section 31, Section 
75-2-1402
 is amended to read:
75-2-1402
. Definitions.
As used in this part:
(1)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, 
optical, electromagnetic, or similar capabilities.
(2)
"Electronic presence" means the relationship of two or more individuals in different 
locations communicating in real time to the same extent as if the individuals were 
physically present in the same location.
(3)
"Electronic will" means a will executed electronically in compliance with Subsection 
75-2-1405(1)
.
(4)
"Record" means information that is inscribed on a tangible medium or that is stored in 
an electronic or other medium and is retrievable in perceivable form.
(5)
"Sign" means, with present intent to authenticate or adopt a record:
(a)
to execute or adopt a tangible symbol; or
(b)
to affix to or logically associate with the record an electronic symbol or process.
(6)
(a)
"State" means a state of the United States, the District of Columbia, Puerto Rico, 
the United States Virgin Islands, or any territory or insular possession subject to the 
jurisdiction of the United States.
(b)
"State" includes a federally recognized Indian tribe.
(7)
"Will" includes a codicil and any testamentary instrument that merely appoints an 
executor, revokes or revises another will, nominates a guardian, or expressly excludes or 
limits the right of an individual or class to succeed to property of the decedent passing 
by intestate succession.
Section 32, Section 
75-3-101
 is amended to read:
75-3-101
. Devolution of estate at death -- Restrictions.
(1)
The power of a person to leave property by will and the rights of creditors, 
devisees, and heirs to his property are subject to the restrictions and limitations 
contained in this 
code
title
 to facilitate the prompt settlement of estates. 
(2)
Upon the death of a person his real and personal property devolves to persons to whom 
it is devised by his last will or to those indicated as substitutes for them in cases 
involving lapse, renunciation, or other circumstances affecting the devolution of testate 
estate, or in the absence of testamentary disposition, to his heirs, or to those indicated as 
substitutes for them in cases involving renunciation or other circumstances affecting 
devolution of intestate estates, subject to homestead allowance, exempt property and 
family allowance, rights of creditors, elective share of the surviving spouse, and 
administration.
Section 33, Section 
75-3-105
 is amended to read:
75-3-105
. Proceedings affecting devolution and administration -- Jurisdiction of 
subject matter.
(1)
(a)
Persons interested in decedents' estates may apply to the registrar for 
determination in the informal proceedings provided in this chapter and may petition 
the court for orders in formal proceedings within the court's jurisdiction, including, 
but not limited to those described in this chapter. 
(b)
The court may hear and determine formal proceedings involving administration and 
distribution of decedents' estates after notice to interested persons in conformity with 
Section 
75-1-401
. 
(c)
Persons notified are bound though less than all interested persons may have been 
given notice.
(2)
For purposes of this 
code
title
, formal proceedings involving administration and 
distribution of decedent's estates shall include proceedings to determine the heirs of a 
decedent and proceedings to construe a duly probated will of a decedent, whether or not 
the estate of the decedent is being, or previously has been, administered or distributed.
Section 34, Section 
75-3-303
 is amended to read:
75-3-303
. Informal probate -- Proof and findings required.
(1)
In an informal proceeding for original probate of a will, the registrar shall determine 
whether:
(a)
the application is complete;
(b)
the applicant has made oath or affirmation that the statements contained in the 
application are true to the best of his knowledge and belief;
(c)
the applicant appears from the application to be an interested person
 as defined in 
Subsection 
75-1-201(24)
;
(d)
on the basis of the statements in the application, venue is proper;
(e)
an original, duly executed and apparently unrevoked will was presented to the court 
for electronic storage and electronic filing and is now in the possession of the 
applicant or the applicant's attorney, or is in the registrar's possession;
(f)
any notice required by Section 
75-3-204
 has been given and that the application is 
not within Section 
75-3-304
; and
(g)
it appears from the application that the time limit for original probate has not expired.
(2)
The application shall be denied if it indicates that a personal representative has been 
appointed in another county of this state or except as provided in Subsection 
(4)
, if it 
appears that this or another will of the decedent has been the subject of a previous 
probate order.
(3)
A will which appears to have the required signatures and which contains an attestation 
clause showing that requirements of execution under Section 
75-2-502
, 
75-2-503
, or 
75-2-506
 have been met shall be probated without further proof. In other cases, the 
registrar may assume execution if the will appears to have been properly executed, or he 
may accept a sworn statement or affidavit of any person having knowledge of the 
circumstances of execution, whether or not the person was a witness to the will.
(4)
Informal probate of a will which has been previously probated elsewhere may be 
granted at any time upon written application by any interested person, together with 
deposit of an authenticated copy of the will and of the statement probating it from the 
office or court where it was first probated.
(5)
A will from a place which does not provide for probate of a will after death and which is 
not eligible for probate under Subsection 
(1)
 above may be probated in this state upon 
receipt by the registrar of a duly authenticated copy of the will and a duly authenticated 
certificate of its legal custodian that the copy filed is a true copy and that the will has 
become operative under the law of the other place.
Section 35, Section 
75-3-308
 is amended to read:
75-3-308
. Informal appointment proceedings -- Proof and findings required.
(1)
In informal appointment proceedings, the registrar shall determine whether:
(a)
the application for informal appointment of a personal representative is complete;
(b)
the applicant has made oath or affirmation that the statements contained in the 
application are true to the best of his knowledge and belief;
(c)
the applicant appears from the application to be an interested person
 as defined in 
Subsection 
75-1-201(24)
;
(d)
on the basis of the statements in the application, venue is proper;
(e)
any will to which the requested appointment relates has been formally or informally 
probated; but this requirement does not apply to the appointment of a special 
administrator;
(f)
any notice required by Section 
75-3-204
 has been given; and
(g)
from the statements in the application, the person whose appointment is sought has 
priority entitling him to the appointment.
(2)
Unless Section 
75-3-612
 controls, the application shall be denied if it indicates that a 
personal representative who has not filed a written statement of resignation as provided 
in Subsection 
75-3-610(3)
 has been appointed in this or another county of this state, that
(
, 
unless the applicant is the domiciliary personal representative or his nominee
)
,
 the 
decedent was not domiciled in this state, and that a personal representative whose 
appointment has not been terminated has been appointed by a court in the state of 
domicile, or that other requirements of this section have not been met.
Section 36, Section 
75-3-504
 is amended to read:
75-3-504
. Powers of personal representative.
(1)
Unless restricted by the court, a supervised personal representative has, without 
interim orders approving exercise of a power, all powers of personal representatives 
under this 
code
title
, but he shall not exercise his power to make any distribution of the 
estate without prior order of the court. 
(2)
Any other restriction on the power of a personal representative which may be ordered 
by the court must be endorsed on his letters of appointment and, unless so endorsed, is 
ineffective as to persons dealing in good faith with the personal representative.
Section 37, Section 
75-3-608
 is amended to read:
75-3-608
. Termination of appointment -- General.
(1)
Termination of appointment of a personal representative occurs as indicated in 
Sections 
75-3-609
 through 
75-3-612
. 
(2)
Termination ends the right and power pertaining to the office of personal representative 
as conferred by this 
code
title
 or any will, except that a personal representative, at any 
time prior to distribution or until restrained or enjoined by court order, may perform acts 
necessary to protect the estate and may deliver the assets to a successor representative. 
(3)
Termination does not discharge a personal representative from liability for transactions 
or omissions occurring before termination or relieve him of the duty to preserve assets 
subject to his control, to account therefor, and to deliver the assets. 
(4)
Termination does not affect the jurisdiction of the court over the personal representative 
but terminates his authority to represent the estate in any pending or future proceeding.
Section 38, Section 
75-3-616
 is amended to read:
75-3-616
. Special administrator -- Appointed informally -- Powers and duties.
(1)
A special administrator appointed by the registrar in informal proceedings pursuant 
to Subsection 
75-3-614(1)(a)
 has the duty to collect and manage the assets of the estate, 
to preserve them, to account therefor and to deliver them to the general personal 
representative upon 
his
the special administrator's
 qualification. 
(2)
The special administrator has the power of a personal representative under the 
code
title
necessary to perform his duties.
Section 39, Section 
75-3-703
 is amended to read:
75-3-703
. General duties -- Relation and liability to persons interested in estate -- 
Standing to sue.
(1)
(a)
A personal representative is a fiduciary who shall observe the standard of care 
applicable to trustees as described by Section 
75-7-902
75B-2-902
. 
(b)
A personal representative is under a duty to settle and distribute the estate of the 
decedent in accordance with the terms of any probated and effective will and this 
code
title
 and as expeditiously and efficiently as is consistent with the best interests 
of the estate. 
He
(c)
A personal representative
 shall use the authority conferred upon 
him
the personal 
representative
 by this 
code
title
, the terms of the will, if any, and any order in 
proceedings to which 
he
the personal representative
 is party for the best interests of 
successors to the estate.
(2)
(a)
A personal representative 
shall not
may not
 be surcharged for acts of 
administration or distribution if the conduct in question was authorized at the time. 
(b)
Subject to other obligations of administration, an informally probated will is 
authority to administer and distribute the estate according to 
its terms
the terms of 
the will
. 
(c)
An order of appointment of a personal representative, whether issued in informal or 
formal proceedings, is authority to distribute apparently intestate assets to the heirs of 
the decedent if, at the time of distribution, the personal representative is not aware of 
a pending testacy proceeding, a proceeding to vacate an order entered in an earlier 
testacy proceeding, a formal proceeding questioning his appointment or fitness to 
continue, or a supervised administration proceeding. 
(d)
Nothing in this section affects the duty of the personal representative to administer 
and distribute the estate in accordance with the rights of claimants, the surviving 
spouse, any minor and dependent children, and any pretermitted child of the decedent 
as described elsewhere in this 
code
title
.
(3)
Except as to proceedings which do not survive the death of the decedent, a personal 
representative of a decedent domiciled in this state at 
his
the decedent's
 death has the 
same standing to sue and be sued in the courts of this state and courts of any other 
jurisdiction as 
his
the
 decedent had immediately prior to death.
Section 40, Section 
75-3-704
 is amended to read:
75-3-704
. Personal representative to proceed without court order -- Exception.
A personal representative shall proceed expeditiously with the settlement and 
distribution of a decedent's estate and except as otherwise specified or ordered in regard to a 
supervised personal representative, do so without adjudication, order, or direction of the court, 
but may invoke the jurisdiction of the court in proceedings authorized by this 
code
title
 to 
resolve questions concerning the estate or its administration.
Section 41, Section 
75-3-710
 is amended to read:
75-3-710
. Powers of personal representatives -- In general.
(1)
Until termination of his appointment a personal representative has the same power 
over the title to property of the estate that an absolute owner would have, in trust, 
however, for the benefit of the creditors and others interested in the estate. 
(2)
This power may be exercised without notice, hearing, or order of court, unless otherwise 
specifically provided by this 
code
title
.
Section 42, Section 
75-3-714
 is amended to read:
75-3-714
. Transactions authorized for personal representatives -- Exceptions.
Except as restricted or otherwise provided by this 
code
title
, by the will or by an order 
in a formal proceeding and subject to the priorities stated in Section 
75-3-902
, a personal 
representative, acting reasonably for the benefit of the interested persons, may properly:
(1)
retain assets owned by the decedent pending distribution or liquidation including those 
in which the representative is personally interested or which are otherwise improper for 
trust investment;
(2)
receive assets from fiduciaries, or other sources;
(3)
perform, compromise, or refuse performance of the decedent's contracts that continue as 
obligations of the estate, as he may determine under the circumstances. In performing 
enforceable contracts by the decedent to convey or lease land, the personal 
representative, among other possible courses of action, may:
(a)
execute and deliver a deed of conveyance for cash payment of all sums remaining 
due or the purchaser's note for the sum remaining due secured by a mortgage or deed 
of trust on the land; or
(b)
deliver a deed in escrow with directions that the proceeds, when paid in accordance 
with the escrow agreement, be paid to the successors of the decedent, as designated 
in the escrow agreement;
(4)
satisfy written charitable pledges of the decedent irrespective of whether the pledges 
constituted binding obligations of the decedent or were properly presented as claims, if 
in the judgment of the personal representative the decedent would have wanted the 
pledges completed under the circumstances;
(5)
if funds are not needed to meet debts and expenses currently payable and are not 
immediately distributable, deposit or invest liquid assets of the estate, including money 
received from the sale of other assets, in federally insured interest-bearing accounts, 
readily marketable secured loan arrangements, or other prudent investments which 
would be reasonable for use by trustees generally;
(6)
acquire or dispose of an asset, including land in this or another state, for cash or on 
credit, at public or private sale; and manage, develop, improve, exchange, partition, 
change the character of, or abandon an estate asset;
(7)
make ordinary or extraordinary repairs or alterations in buildings or other structures, 
demolish any improvements, or raze existing or erect new party walls or buildings;
(8)
subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats 
and adjust boundaries; adjust differences in valuation on exchange or partition by giving 
or receiving considerations; or dedicate easements to public use without consideration;
(9)
enter for any purpose into a lease as lessor or lessee, with or without option to purchase 
or renew, for a term within or extending beyond the period of administration;
(10)
enter into a lease or arrangement for exploration and removal of minerals or other 
natural resources or enter into a pooling or unitization agreement;
(11)
abandon property when, in the opinion of the personal representative, it is valueless, is 
so encumbered, or is in condition that it is of no benefit to the estate;
(12)
vote stocks or other securities in person or by general or limited proxy;
(13)
pay calls, assessments, and other sums chargeable or accruing against or on account of 
securities, unless barred by the provisions relating to claims;
(14)
hold a security in the name of a nominee or in other form without disclosure of the 
interest of the estate but the personal representative is liable for any act of the nominee 
in connection with the security so held;
(15)
insure the assets of the estate against damage, loss, and liability and himself against 
liability as to third persons;
(16)
borrow money with or without security to be repaid from the estate assets or otherwise; 
and advance money for the protection of the estate;
(17)
effect a fair and reasonable compromise with any debtor or obligor, or extend, renew, 
or in any manner modify the terms of any obligation owing to the estate. If the personal 
representative holds a mortgage, pledge, or other lien upon property of another person, 
he may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets 
from the owner thereof in satisfaction of the indebtedness secured by lien;
(18)
pay taxes, assessments, compensation of the personal representative, and other 
expenses incident to the administration of the estate;
(19)
sell or exercise stock subscription or conversion rights; and consent, directly or 
through a committee or other agent, to the reorganization, consolidation, merger, 
dissolution, or liquidation of a corporation or other business enterprise;
(20)
allocate items of income or expense to either estate income or principal, as permitted 
or provided by law;
(21)
employ persons, including attorneys, auditors, investment advisers, or agents, even if 
they are associated with the personal representative, to advise or assist the personal 
representative in the performance of his administrative duties; act without independent 
investigation upon their recommendations; and instead of acting personally, employ one 
or more agents to perform any act of administration, whether or not discretionary;
(22)
prosecute or defend claims or proceedings in any jurisdiction for the protection of the 
estate and of the personal representative in the performance of his duties;
(23)
sell, mortgage, or lease any real or personal property of the estate or any interest in it 
for cash, credit, or for part cash and part credit, and with or without security for unpaid 
balances;
(24)
continue any unincorporated business or venture in which the decedent was engaged at 
the time of his death:
(a)
in the same business form for a period of not more than four months from the date of 
appointment of a general personal representative if continuation is a reasonable 
means of preserving the value of the business including good will;
(b)
in the same business form for any additional period of time that may be approved by 
order of the court in a formal proceeding to which the persons interested in the estate 
are parties; or
(c)
throughout the period of administration if the business is incorporated by the 
personal representative and if none of the probable distributees of the business who 
are competent adults object to its incorporation and retention in the estate;
(25)
incorporate any business or venture in which the decedent was engaged at the time of 
his death;
(26)
provide for exoneration of the personal representative from personal liability in any 
contract entered into on behalf of the estate;
(27)
satisfy and settle claims and distribute the estate as provided in this 
code
title
.
Section 43, Section 
75-3-913
 is amended to read:
75-3-913
. Distributions to trustee.
(1)
Before distributing to a trustee, the personal representative may require that the trust be 
registered if the state in which 
it
the trust
 is to be administered provides for registration 
and that the trustee inform the qualified beneficiaries 
as provided in Section 
75-7-811
as described in Section 
75B-2-811
.
(2)
If the trust instrument does not excuse the trustee from giving bond, the personal 
representative may
:
(a)
petition the appropriate court to require that the trustee post bond if 
he
the trustee
apprehends that distribution might jeopardize the interests of persons who are not 
able to protect themselves
; and he may 
; and
(b)
withhold distribution until the court has acted.
(3)
No inference of negligence on the part of the personal representative shall be drawn 
from 
his
the personal representative's
 failure to exercise the authority conferred by 
Subsections 
(1)
 and 
(2)
.
Section 44, Section 
75-3-915
 is amended to read:
75-3-915
. Distribution to person under disability.
A personal representative may discharge 
his
the personal representative's
 obligation to 
distribute to any person under legal disability by distributing to 
his
the person's
 conservator, 
or any other person authorized by this 
code
title
 or otherwise to give a valid receipt and 
discharge for the distribution.
Section 45, Section 
75-3-916
 is amended to read:
75-3-916
. Apportionment of estate taxes.
(1)
As used in this section:
(a)
"Estate" means the gross estate of a decedent as determined for the purpose of federal 
estate tax and the estate tax payable to this state;
(b)
"Fiduciary" means personal representative, executor, administrator of any 
description, or trustee;
(c)
"Person" means any individual, partnership, association, joint stock company, 
corporation, government, political subdivision, governmental agency, or local 
governmental agency;
(d)
"Person interested in the estate" means any person, including a personal 
representative, conservator, guardian, or trustee entitled to receive, or who has 
received, from a decedent while alive or by reason of the death of a decedent any 
property or interest in property included in the decedent's taxable estate;
(e)
"State" means any state, territory, or possession of the United States, the District of 
Columbia, or the Commonwealth of Puerto Rico; and
(f)
"Tax" means the federal estate tax and the inheritance, estate, or other death tax 
payable to this state and interest and penalties imposed in addition to the tax but 
specifically does not include the federal generation skipping transfer tax.
(2)
(a)
Unless otherwise provided in the will or other dispositive instrument, the tax shall 
be apportioned among all persons interested in the estate. 
(b)
The apportionment shall be made in the proportion that the value of the interest of 
each person interested in the estate bears to the total value of the interests of all 
persons interested in the estate. 
(c)
The values used in determining the tax shall be used for that purpose. 
(d)
If the decedent's will or other dispositive instrument directs a method of 
apportionment of tax different from the method described in this 
code
title
, the 
method described in the will or other dispositive instrument controls.
(3)
(a)
The court having jurisdiction over the administration of the estate of a decedent 
shall determine the apportionment of the tax. If there are no probate proceedings, the 
court of the county in which the decedent was domiciled at death shall determine the 
apportionment of the tax upon the petition of the person required to pay the tax.
(b)
If the court finds that it is inequitable to apportion interest and penalties in the 
manner provided in Subsection 
(2)
, because of special circumstances, it may direct 
the apportionment in the manner it finds equitable.
(c)
(i)
The expenses reasonably incurred by any fiduciary and by other persons 
interested in the estate concerning the determination of the amount and 
apportionment of the tax shall be apportioned as provided in Subsection 
(2)
 and 
charged and collected as a part of the tax apportioned. 
(ii)
If the court finds it is inequitable to apportion the expenses as provided in 
Subsection 
(2)
, it may direct the apportionment equitably.
(d)
If the court finds that the assessment of penalties and interest assessed in relation to 
the tax is due to delay caused by the negligence of the fiduciary, the court may charge 
the fiduciary with the amount of the assessed penalties and interest.
(e)
In any suit or judicial proceeding to recover from any person interested in the estate 
the amount of the tax apportioned to the person in accordance with this 
code
title
, 
the determination of the court in this regard is prima facie correct.
(4)
(a)
(i)
The fiduciary or other person required to pay the tax may withhold from any 
property of the decedent in his possession and distributable to any person 
interested in the estate, the amount of tax attributable to his interest. 
(ii)
If the property in possession of the fiduciary or other person required to pay the 
tax and distributable to any person interested in the estate is insufficient to satisfy 
the proportionate amount of the tax determined to be due from the person, the 
fiduciary or other person required to pay the tax may recover the deficiency from 
the person interested in the estate. 
(iii)
If the property is not in the possession of the fiduciary or other person required to 
pay the tax, the fiduciary or the other person required to pay the tax may recover 
from any person interested in the estate the amount of the tax apportioned to the 
person in accordance with this section.
(b)
If property held by the fiduciary or other person required to pay the tax is distributed 
prior to final apportionment of the tax, the fiduciary or other person may require the 
distributee to provide a bond or other security for the apportionment liability in the 
form and amount prescribed by the fiduciary, with the approval of the court having 
jurisdiction of the administration of the estate.
(5)
(a)
In making an apportionment, allowances shall be made for any exemptions 
granted, any classification made of persons interested in the estate, and any 
deductions and credits allowed by the law imposing the tax.
(b)
(i)
Any exemption or deduction allowed by reason of the relationship of any 
person to the decedent or by reason of the purposes of the gift inures to the benefit 
of the person bearing that relationship or receiving the gift. 
(ii)
When an interest is subject to a prior present interest which is not allowable as a 
deduction, the tax apportionable against the present interest shall be paid from 
principal.
(c)
Any deduction for property previously taxed and any credit for gift taxes or death 
taxes of a foreign country paid by the decedent or his estate inures to the 
proportionate benefit of all persons liable to apportionment.
(d)
Any credit for inheritance, succession, or estate taxes or taxes of this nature in 
respect to property or interests includable in the estate inures to the benefit of the 
persons or interests chargeable with the payment of the tax to the extent that, or in 
proportion as, the credit reduces the tax.
(e)
(i)
To the extent that property passing to or in trust for a surviving spouse or child 
or any charitable, public, or similar gift or bequest does not constitute an 
allowable deduction for purposes of the tax solely by reason of an inheritance tax 
or other death tax imposed upon and deductible from the property, the property 
shall not be included in the computation provided for in Subsection 
(2)
, and to that 
extent no apportionment shall be made against the property. 
(ii)
This does not apply in any instance where the result will be to deprive the estate 
of a deduction otherwise allowable under Section 2053(d)
 of the Internal 
Revenue Code of 1954 of the United States
, Internal Revenue Code
, relating to 
deduction for state death taxes on transfers for public, charitable, or religious uses.
(6)
(a)
No interest in income and no estate for years or for life or other temporary interest 
in any property or fund is subject to apportionment as between the temporary interest 
and the remainder. 
(b)
The tax on the temporary interest and the tax, if any, on the remainder is chargeable 
against the corpus of the property or funds subject to the temporary interest and 
remainder.
(7)
(a)
Neither the fiduciary nor other person required to pay the tax is under any duty to 
institute any suit or proceeding to recover from any person interested in the estate the 
amount of the tax apportioned to the person until the expiration of the three months 
next following final determination of the tax. 
(b)
A fiduciary or other person required to pay the tax who institutes the suit or 
proceeding within a reasonable time after the three months' period is not subject to 
any liability or surcharge because any portion of the tax apportioned to any person 
interested in the estate was collectible at a time following the death of the decedent 
but thereafter became uncollectible. If the fiduciary or other person required to pay 
the tax cannot collect from any person interested in the estate the amount of the tax 
apportioned to the person, the amount not recoverable shall be paid from the 
residuary estate. 
(c)
To the extent that the residuary estate is not adequate, the balance shall be equitably 
apportioned among the other persons interested in the estate who are subject to 
apportionment.
(8)
(a)
Subject to this section, a fiduciary acting in another state or a person required to 
pay the tax who is domiciled in another state may institute an action in the courts of 
this state and may recover a proportionate amount of the federal estate tax, of an 
estate tax payable to another state, or of a death duty due by a decedent's estate to 
another state, from a person interested in the estate who is either domiciled in this 
state or who owns property in this state subject to attachment or execution. 
(b)
For the purposes of the action the determination of apportionment by the court 
having jurisdiction of the administration of the decedent's estate in the other state is 
prima facie correct. 
(c)
The provisions of this section apply only if the state in which the determination of 
apportionment was made affords a substantially similar remedy.
(9)
This section does not apply to the apportionment of expenses incurred in connection 
with the determination of the amount and apportionment of the taxes due on account of 
the death of decedents dying prior to July 1, 1983.
Section 46, Section 
75-3-1008
 is amended to read:
75-3-1008
. Subsequent administration.
(1)
If other property of the estate is discovered after an estate has been settled and the 
personal representative discharged or after one year after a closing statement has been 
filed, the court upon petition of any interested person and upon notice as it directs may 
appoint the same or a successor personal representative to administer the 
subsequently-discovered estate. 
(2)
If a new appointment is made, unless the court orders otherwise, the provisions of this 
code
title
 apply as appropriate
;
 but no claim previously barred may be asserted in the 
subsequent administration.
Section 47, Section 
75-5-303
 is amended to read:
75-5-303
. Procedure for court appointment of a guardian of an incapacitated 
person.
(1)
An incapacitated person or any person interested in the incapacitated person's welfare 
may petition for a finding of incapacity and appointment of a guardian.
(2)
(a)
Upon the filing of a petition, the court shall set a date for hearing on the issues of 
incapacity.
(b)
Unless the allegedly incapacitated person has counsel of the person's own choice, the 
court shall appoint an attorney to represent the person in the proceeding the cost of 
which shall be paid by the person alleged to be incapacitated, unless the allegedly 
incapacitated person and the allegedly incapacitated person's parents are indigent.
(c)
If the court determines that the petition is without merit, the attorney fees and court 
costs shall be paid by the person filing the petition.
(d)
If the court appoints the petitioner or the petitioner's nominee as guardian of the 
incapacitated person, regardless of whether the nominee is specified in the moving 
petition or nominated during the proceedings, the petitioner shall be entitled to 
receive from the incapacitated person reasonable attorney fees and court costs 
incurred in bringing, prosecuting, or defending the petition.
(3)
The legal representation of the incapacitated person by an attorney shall terminate upon 
the appointment of a guardian, unless:
(a)
there are separate conservatorship proceedings still pending before the court 
subsequent to the appointment of a guardian;
(b)
there is a timely filed appeal of the appointment of the guardian or the determination 
of incapacity; or
(c)
upon an express finding of good cause, the court orders otherwise.
(4)
The person alleged to be incapacitated may be examined by a physician or physician 
assistant appointed by the court who shall submit a report in writing to the court and 
may be interviewed by a visitor sent by the court. The visitor also may interview the 
person seeking appointment as guardian, visit the present place of abode of the person 
alleged to be incapacitated and the place it is proposed that the person will be detained 
or reside if the requested appointment is made, conduct other investigations or 
observations as directed by the court, and submit a report in writing to the court.
(5)
(a)
The person alleged to be incapacitated shall be present at the hearing in person 
and see or hear all evidence bearing upon the person's condition. If the person 
seeking the guardianship requests a waiver of presence of the person alleged to be 
incapacitated, the court shall order an investigation by a court visitor, the costs of 
which shall be paid by the person seeking the guardianship.
(b)
The investigation by a court visitor is not required if there is clear and convincing 
evidence from a physician that the person alleged to be incapacitated has:
(i)
fourth stage Alzheimer's Disease;
(ii)
extended comatosis; or
(iii)
(A)
an intellectual disability; and
(B)
an intelligence quotient score under 25.
(c)
The person alleged to be incapacitated is entitled to be represented by counsel, to 
present evidence, to cross-examine witnesses, including the court-appointed 
physician and the visitor, and to trial by jury. The issue may be determined at a 
closed hearing without a jury if the person alleged to be incapacitated or the person's 
counsel so requests.
(d)
Counsel for the person alleged to be incapacitated
, as defined in Subsection 
75-1-201
(22)
,
 is not required if:
(i)
the person is the biological or adopted child of the petitioner;
(ii)
the value of the person's entire estate does not exceed $20,000 as established by 
an affidavit of the petitioner in accordance with Section 
75-3-1201
;
(iii)
the person appears in court with the petitioner;
(iv)
the person is given the opportunity to communicate, to the extent possible, the 
person's acceptance of the appointment of petitioner;
(v)
no attorney from the state court's list of attorneys who have volunteered to 
represent respondents in guardianship proceedings is able to provide counsel to 
the person within 60 days of the date of the appointment described in Subsection 
(2);
(vi)
the court is satisfied that counsel is not necessary in order to protect the interests 
of the person; and
(vii)
the court appoints a visitor under Subsection (4).
Section 48, Section 
75-5-412
 is amended to read:
75-5-412
. Terms and requirements of bonds.
(1)
The following requirements and provisions apply to any bond required under Section 
75-5-411
:
(a)
Unless
unless
 otherwise provided by the terms of the approved bond, sureties are 
jointly and severally liable with the conservator and with each other;
(b)
(i)
By
by
 executing an approved bond of a conservator, the surety consents to the 
jurisdiction of the court which issued letters to the primary obligor in any 
proceeding pertaining to the fiduciary duties of the conservator and naming the 
surety as a party defendant
.
; and
(ii)
Notice
notice
 of the proceeding shall be delivered to the surety or mailed to him 
by registered or certified mail at his address as listed with the court where the 
bond is filed and to his address as then known to the petitioner;
(c)
On
on
 petition of a successor conservator or any interested person, a proceeding 
may be initiated against a surety for breach of the obligation of the bond of the 
conservator;
 and
(d)
The
the
 bond of the conservator is not void after the first recovery but may be 
proceeded against from time to time until the whole penalty is exhausted.
(2)
No proceeding may be commenced against the surety on any matter as to which an 
action or proceeding against the primary obligor is barred by adjudication or limitation 
under this 
code
title
.
Section 49, Section 
75-5-416
 is amended to read:
75-5-416
. Petitions for orders subsequent to appointment.
(1)
Any person interested in the welfare of a person for whom a conservator has been 
appointed may file a petition in the appointing court for an order:
(a)
requiring bond or security or additional bond or security, or reducing bond;
(b)
requiring an accounting for the administration of the conservatorship estate;
(c)
directing distribution;
(d)
removing the conservator and appointing a temporary or successor conservator; or
(e)
granting other appropriate relief, including any relief available under 
Title 75, 
Chapter 7, Utah Uniform Trust Code
Title 75B, Chapter 2, Uniform Trust Code
, if 
the protected person is a grantor, settlor, trustor, or beneficiary of a trust.
(2)
A conservator may petition the appointing court for instructions concerning the 
conservator's fiduciary responsibility.
(3)
Upon notice and hearing the court may give appropriate instructions or make any 
appropriate order.
Section 50, Section 
75-5-417
 is amended to read:
75-5-417
. General duty of conservator.
(1)
A conservator shall act as a fiduciary and shall observe the standards of care as set forth 
in Section 
75-7-902
75B-2-902
.
(2)
(a)
For all estates in excess of $50,000 excluding the residence owned by the ward, 
the conservator shall send a report with a full accounting to the court on an annual 
basis.
(b)
For estates less than $50,000 excluding the residence owned by the ward, the 
conservator shall fill out an informal annual report and mail the report to the court. 
(c)
A report under Subsection 
(2)(a)
 or 
(b)
 shall include a statement regarding:
(i)
all assets at the beginning and end of the reporting year;
(ii)
any income received during the year;
(iii)
any disbursements for the support of the ward;
(iv)
any investments or trusts that are held for the ward's benefit;
(v)
any expenditures or fees charged to the ward's estate; and
(vi)
any other expenses incurred by the ward's estate.
(d)
The Judicial Council shall approve the forms for the accounting reports described in 
Subsections 
(2)(a)
 and 
(b)
.
(e)
An annual accounting report under Subsection 
(2)(a)
 or 
(b)
 shall be examined and 
approved by the court.
(3)
(a)
Corporate fiduciaries are not required to fully petition the court, but shall submit 
their internal report annually to the court. 
(b)
A report under Subsection 
(3)(a)
 shall be examined and approved by the court.
(4)
Upon a motion and after a hearing, the court may alter the frequency of, or the 
information included in, an accounting report provided to a ward in accordance with 
Subsection 
75-5-301.5(2)(t)
.
(5)
(a)
The court may impose a fine in an amount not to exceed $5,000, if, after receiving 
written notice of the failure to file and after a grace period of two months have 
elapsed, a conservator or corporate fiduciary:
(i)
makes a substantial misstatement on filings of any required annual reports;
(ii)
is guilty of gross impropriety in handling the property of the ward; or
(iii)
willfully fails to file the report required by this section.
(b)
The court may also order restitution of funds misappropriated from the estate of a 
ward.
(c)
The penalty shall be paid by the conservator or corporate fiduciary and may not be 
paid by the estate.
(6)
These provisions and penalties governing annual reports do not apply if the conservator 
is the parent of the ward.
Section 51, Section 
75-5b-102
 is amended to read:
75-5b-102
. Definitions.
In
As used in
 this chapter:
(1)
"Adult" means an individual who has attained 18 years of age.
(2)
"Conservator" means a person appointed by the court to administer the property of an 
adult, including a person appointed under 
Title 75, Chapter 5, Part 4, Protection of 
Property of Persons Under Disability and Minors
.
(3)
"Emergency" means circumstances that likely will result in substantial harm to a 
respondent's health, safety, or welfare, and in which the appointment of a guardian is 
necessary because no other person has authority to and is willing to act on the 
respondent's behalf.
(4)
"Guardian" means a person appointed by the court to make decisions regarding the 
person of an adult, including a person appointed under 
Title 75, Chapter 5, Part 3, 
Guardians of Incapacitated Persons
.
(5)
(4)
"Guardianship order" means an order appointing a guardian.
(6)
(5)
"Guardianship proceeding" means a proceeding in which an order for the 
appointment of a guardian is sought or has been issued.
(7)
(6)
"Home state" means the state in which the respondent was physically present for at 
least six consecutive months immediately before the filing of a petition for the 
appointment of a guardian or protective order. A period of temporary absence counts as 
part of the six-month period.
(8)
(7)
"Incapacitated person" means an adult for whom a guardian has been appointed.
(9)
(8)
"Party" means the respondent, petitioner, guardian, conservator, or any other person 
allowed by the court to participate in a guardianship or protective proceeding.
(10)
(9)
"Person," except in the terms "incapacitated person" or "protected person," means 
an individual, corporation, business trust, estate, trust, partnership, limited liability 
company, association, joint venture, government or governmental subdivision, agency or 
instrumentality, public corporation, or any other legal or commercial entity.
(11)
(10)
"Protected person" means an adult for whom a protective order has been made.
(12)
(11)
"Protective order" means an order appointing a conservator or another court 
order related to management of an adult's property.
(13)
(12)
"Protective proceeding" means a judicial proceeding in which a protective order 
is sought or has been issued.
(14)
(13)
"Record" means information that is inscribed on a tangible medium or that is 
stored in an electronic or other medium and is retrievable in perceivable form.
(15)
(14)
"Respondent" means an adult for whom a protective order or the appointment of 
a guardian is sought.
(16)
(15)
"Significant-connection state" means a state, other than the home state, with 
which a respondent has a significant connection other than mere physical presence and 
in which substantial evidence concerning the respondent is available.
(17)
(16)
"State" means a state of the United States, the District of Columbia, Puerto Rico, 
the United States Virgin Islands, a federally recognized Indian tribe, or any territory or 
insular possession subject to the jurisdiction of the United States.
Section 52, Section 
75-6-201
 is amended to read:
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 contract, gift, conveyance, or 
trust are considered nontestamentary, and this 
code
title
 does not invalidate the 
instrument or any provision:
(a)
that money or other benefits previously due to, controlled, or owned by a decedent 
shall be paid after his death to a person designated by the decedent in either the 
instrument or a separate writing, including a will, executed at the same time as the 
instrument or subsequently;
(b)
that any money due or to become due under the instrument shall cease to be payable 
in event of the death of the promisee or the promisor before payment or demand; or
(c)
that any property which is the subject of the instrument shall pass to a person 
designated by the decedent in either the instrument or a separate writing, including a 
will, executed at the same time as the instrument or subsequently.
(2)
Nothing in this section limits the rights of creditors under other laws of this state.
(3)
(a)
Any provision in a lease of a safety deposit repository to the effect that two or 
more persons shall have access to the repository, that purports to create a joint 
tenancy in the repository or in the contents of the repository, or that purports to vest 
ownership of the contents of the repository in the surviving lessee is ineffective to 
create joint ownership of the contents of the repository or to transfer ownership at 
death of one of the lessees to the survivor. 
(b)
Ownership of the contents of the repository and devolution of title to these contents 
is determined according to rules of law without regard to the lease provisions. 
(c)
The contents of the repository may be delivered on request to any person who has 
access to the repository by the terms of the lease agreement without liability on the 
part of the financial institution or other person where the repository is located.
(4)
Any motor vehicle, trailer, semitrailer, or boat registration in the names of two or more 
individuals shall be deemed to be held in joint tenancy with right of survivorship unless 
otherwise indicated.
Section 53, Section 
75A-1-101
 is amended to read:
75A-1-101
. Definitions for title.
Reserved.
As used in this title:
(1)
"Conservator" means the same as that term is defined in Section 
75-1-201
.
(2)
"Descendant" means the same as that term is defined in Section 
75-1-201
.
(3)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, 
optical, electromagnetic, or similar capabilities.
(4)
"Estate" means, except as provided in Section 
75A-5-102
, the same as that term is 
defined in Section 
75-1-201
.
(5)
"Good faith" means honesty in fact in the conduct or transaction concerned and the 
observance of reasonable fiduciary standards.
(6)
"Guardian" means the same as that term is defined in Section 
75-1-201
.
(7)
"Person" means the same as that term is defined in Section 
75-1-201
.
(8)
"Personal representative" means the same as that term is defined in Section 
75-1-201
.
(9)
"Property" means the same as that term is defined in Section 
75-1-201
.
(10)
"Record" means the same as that term is defined in Section 
75-1-201
.
(11)
"Sign" means the same as that term is defined in Section 
75-1-201
.
(12)
"State" means the same as that term is defined in Section 
75-1-201
.
(13)
"Trust" means, except as provided in Section 
75A-5-102
, the same as that term is 
defined in Section 
75B-1-101
.
(14)
"Will" means the same as that term is defined in Section 
75-1-201
.
Section 54, Section 
75A-1-201
 is amended to read:
75A-1-201
. Definitions for part.
As used in this part:
(1)
"Fiduciary" means:
(a)
a trustee under any trust, expressed, implied, resulting or constructive;
(b)
an executor;
(c)
an administrator;
(d)
a guardian;
(e)
a conservator;
(f)
a curator;
(g)
a receiver;
(h)
a trustee in bankruptcy;
(i)
an assignee for the benefit of creditors;
(j)
a partner;
(k)
an agent;
(l)
an officer of a corporation, public or private;
(m)
a public officer; or
(nn)
(n)
any other person acting in a fiduciary capacity for any person, trust, or estate.
(2)
"Good faith" means something is in fact done honestly regardless of whether it is done 
negligently or not.
(3)
(2)
"Principal" means a person to whom a fiduciary owes an obligation.
Section 55, Section 
75A-2-102
 is amended to read:
75A-2-102
. Definitions for chapter.
As used in this chapter:
(1)
(a)
"Agent" means a person granted authority to act for a principal under a power of 
attorney, whether denominated an agent, attorney-in-fact, or otherwise. 
(b)
"Agent" includes an original agent, coagent, successor agent, and person to which an 
agent's authority is delegated.
(2)
"Beneficiary" means the same as that term is defined in Section 
75-1-201
.
(3)
"Beneficiary designation" means the same as that term is defined in Section 
75-1-201
.
(4)
"Child" means the same as that term is defined in Section 
75-1-201
.
(5)
"Claims" means the same as that term is defined in Section 
75-1-201
.
(6)
"Conservator" means the same as that term is defined in Section 
75-1-201
.
(7)
"Descendant" means the same as that term is defined in Section 
75-1-201
.
(8)
(6)
"Durable," with respect to a power of attorney, means not terminated by the 
principal's incapacity.
(9)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, 
optical, electromagnetic, or similar capabilities.
(10)
"Estate" means the same as that term is defined in Section 
75-1-201
.
(11)
(7)
"Fiduciary" means the same as that term is defined in Section 
75-1-201
.
(12)
"Good faith" means honesty in fact.
(13)
"Guardian" means the same as that term is defined in Section 
75-1-201
.
(14)
(8)
"Incapacity" means the inability of an individual to manage property or business 
affairs because the individual:
(a)
has an impairment in the ability to receive and evaluate information or make or 
communicate decisions even with the use of technological assistance; or
(b)
is:
(i)
missing;
(ii)
detained, including incarcerated in a penal system; or
(iii)
outside the United States and unable to return.
(15)
(9)
"Lease" means the same as that term is defined in Section 
75-1-201
.
(16)
(10)
"Mortgage" means the same as that term is defined in Section 
75-1-201
.
(17)
(11)
"Organization" means the same as that term is defined in Section 
75-1-201
.
(18)
"Person" means an individual, corporation, business trust, estate, trust, partnership, 
limited liability company, association, joint venture, public corporation, government or 
governmental subdivision, agency, or instrumentality, or any other legal or commercial 
entity.
(19)
"Personal representative" means the same as that term is defined in Section 
75-1-201
.
(20)
(12)
"Power of attorney" means a writing or other record that grants authority to an 
agent to act in the place of the principal, whether or not the term power of attorney is 
used.
(21)
(13)
(a)
"Presently exercisable general power of appointment," with respect to 
property or a property interest subject to a power of appointment, means power 
exercisable at the time in question to vest absolute ownership in the principal 
individually, the principal's estate, the principal's creditors, or the creditors of the 
principal's estate. 
(b)
"Presently exercisable general power of appointment" includes a power of 
appointment not exercisable until the occurrence of a specified event, the satisfaction 
of an ascertainable standard, or the passage of a specified period only after the 
occurrence of the specified event, the satisfaction of the ascertainable standard, or the 
passage of the specified period. 
(c)
"Presently exercisable general power of appointment" does not include a power 
exercisable in a fiduciary capacity or only by will.
(22)
(14)
"Principal" means an individual who grants authority to an agent in a power of 
attorney.
(23)
"Property" means anything that may be the subject of ownership, whether real or 
personal, or legal or equitable, or any interest or right therein.
(24)
"Record" means information that is inscribed on a tangible medium or that is stored in 
an electronic or other medium and is retrievable in perceivable form.
(25)
(15)
"Security" means the same as that term is defined in Section 
75-1-201
.
(26)
"Sign" means, with present intent to authenticate or adopt a record:
(a)
to execute or adopt a tangible symbol; or
(b)
to attach to or logically associate with the record an electronic sound, symbol, or 
process.
(27)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the 
United States Virgin Islands, or any territory or insular possession subject to the 
jurisdiction of the United States.
(28)
(16)
(a)
"Stocks and bonds" means stocks, bonds, mutual funds, and all other types 
of securities and financial instruments, whether held directly, indirectly, or in any 
other manner. 
(b)
"Stocks and bonds" does not include commodity futures contracts and call or put 
options on stocks or stock indexes.
(29)
"Trust" means the same as that term is defined in Section 
75-1-201
.
(30)
(17)
"Trustee" means the same as that term is defined in Section 
75-1-201
75B-1-101
.
(31)
"Will" means the same as that term is defined in Section 
75-1-201
.
Section 56, Section 
75A-2-120
 is amended to read:
75A-2-120
. Liability for refusal to accept acknowledged power of attorney.
(1)
As used in this section, "acknowledged" means the same as that term is defined in 
Section 
75A-2-119
.
(2)
Except as otherwise provided in Subsection (3):
(a)
a person shall either accept an acknowledged power of attorney or request a 
certification, a translation, or an opinion of counsel under Subsection 
75A-2-119
(4) 
no later than seven business days after presentation of the power of attorney for 
acceptance;
(b)
if a person requests a certification, a translation, or an opinion of counsel under 
Subsection 
75A-2-119
(4), the person shall accept the power of attorney no later than 
five business days after receipt of the certification, translation, or opinion of counsel; 
and
(c)
a person may not require an additional or different form of power of attorney for 
authority granted in the power of attorney presented.
(3)
A person is not required to accept an acknowledged power of attorney if:
(a)
the person is not otherwise required to engage in a transaction with the principal in 
the same circumstances;
(b)
engaging in a transaction with the agent or the principal in the same circumstances 
would be inconsistent with federal law;
(c)
the person has actual knowledge of the termination of the agent's authority or of the 
power of attorney before exercise of the power;
(d)
a request for a certification, a translation, or an opinion of counsel under Subsection 
75A-2-119
(4) is refused;
(e)
the person in good faith believes that the power is not valid or that the agent does not 
have the authority to perform the act requested, whether or not a certification, a 
translation, or an opinion of counsel under Subsection 
75A-2-119
(4) has been 
requested or provided; or
(f)
the person makes, or has actual knowledge that another person has made, a report to 
the Division of Aging and Adult Services stating a good faith belief that the principal 
may be subject to physical or financial abuse, neglect, exploitation, or abandonment 
by the agent or a person acting for or with the agent.
(4)
A person that refuses in violation of this section to accept an acknowledged power of 
attorney is subject to:
(a)
a court order mandating acceptance of the power of attorney; and
(b)
liability for reasonable attorney fees and costs incurred in any action or proceeding 
that confirms the validity of the power of attorney or mandates acceptance of the 
power of attorney.
(5)
Court proceedings under this section shall be conducted 
pursuant to the terms in the 
Uniform Probate Code
in accordance with the provisions of Title 75, Utah Uniform 
Probate Code,
 governing venue and procedures.
Section 57, Section 
75A-3-101
 is amended to read:
75A-3-101
. Definitions for chapter.
As used in this chapter:
(1)
"Adult" means an individual who is:
(a)
at least 18 years old; or
(b)
an emancipated minor.
(2)
"Advance health care directive":
(a)
includes:
(i)
a designation of an agent to make health care decisions for an adult when the adult 
cannot make or communicate health care decisions; or
(ii)
an expression of preferences about health care decisions;
(b)
may take one of the following forms:
(i)
a written document, voluntarily executed by an adult in accordance with the 
requirements of this chapter; or
(ii)
a witnessed oral statement, made in accordance with the requirements of this 
chapter; and
(c)
does not include an order for life sustaining treatment.
(3)
"Agent" means an adult designated in an advance health care directive to make health 
care decisions for the declarant.
(4)
"APRN" means an individual who is:
(a)
certified or licensed as an advance practice registered nurse under Subsection 
58-31b-301
(2)(e);
(b)
an independent practitioner; and
(c)
acting within the scope of practice for that individual, as provided by law, rule, and 
specialized certification and training in that individual's area of practice.
(5)
"Best interest" means that the benefits to the individual resulting from a treatment 
outweigh the burdens to the individual resulting from the treatment, taking into account:
(a)
the effect of the treatment on the physical, emotional, and cognitive functions of the 
individual;
(b)
the degree of physical pain or discomfort caused to the individual by the treatment or 
the withholding or withdrawal of treatment;
(c)
the degree to which the individual's medical condition, the treatment, or the 
withholding or withdrawal of treatment, result in a severe and continuing impairment 
of the dignity of the individual by subjecting the individual to humiliation and 
dependency;
(d)
the effect of the treatment on the life expectancy of the individual;
(e)
the prognosis of the individual for recovery with and without the treatment;
(f)
the risks, side effects, and benefits of the treatment, or the withholding or withdrawal 
of treatment; and
(g)
the religious beliefs and basic values of the individual receiving treatment, to the 
extent these may assist the decision maker in determining the best interest.
(6)
"Capacity to appoint an agent" means that the adult understands the consequences of 
appointing a particular individual as agent.
(7)
"Child" means the same as that term is defined in Section 
75-1-201
.
(8)
(7)
"Declarant" means an adult who has completed and signed or directed the signing 
of an advance health care directive.
(9)
(8)
"Default surrogate" means the adult who may make decisions for an individual 
when either:
(a)
an agent or guardian has not been appointed; or
(b)
an agent is not able, available, or willing to make decisions for an adult.
(10)
(9)
"Emergency medical services provider" means a person that is licensed, 
designated, or certified under Title 53, Chapter 2d, Emergency Medical Services Act.
(11)
"Estate" means the same as that term is defined in Section 
75-1-201
.
(12)
(10)
"Generally accepted health care standards":
(a)
is defined only for the purpose of:
(i)
this chapter and does not define the standard of care for any other purpose under 
Utah law; and
(ii)
enabling health care providers to interpret the statutory form set forth in Section 
75A-3-303
; and
(b)
means the standard of care that justifies a provider in declining to provide life 
sustaining care because the proposed life sustaining care:
(i)
will not prevent or reduce the deterioration in the health or functional status of an 
individual;
(ii)
will not prevent the impending death of an individual; or
(iii)
will impose more burden on the individual than any expected benefit to the 
individual.
(13)
"Guardian" means the same as that term is defined in Section 
75-1-201
.
(14)
(11)
"Health care" means any care, treatment, service, or procedure to improve, 
maintain, diagnose, or otherwise affect an individual's physical or mental condition.
(15)
(12)
(a)
"Health care decision"
:
(a)
means a decision about an adult's health care made by, or on behalf of, an adult, 
that is communicated to a health care provider
;
.
(b)
"Health care decision" 
includes:
(i)
selection and discharge of a health care provider and a health care facility;
(ii)
approval or disapproval of diagnostic tests, procedures, programs of medication, 
and orders not to resuscitate; and
(iii)
directions to provide, withhold, or withdraw artificial nutrition and hydration and 
all other forms of health care
; and
.
(c)
"Health care decision" 
does not include decisions about an adult's financial affairs or 
social interactions other than as indirectly affected by the health care decision.
(16)
(13)
"Health care decision making capacity" means an adult's ability to make an 
informed decision about receiving or refusing health care, including:
(a)
the ability to understand the nature, extent, or probable consequences of health status 
and health care alternatives;
(b)
the ability to make a rational evaluation of the burdens, risks, benefits, and 
alternatives of accepting or rejecting health care; and
(c)
the ability to communicate a decision.
(17)
(14)
"Health care facility" means:
(a)
a health care facility as defined in Title 26B, Chapter 2, Part 2, Health Care Facility 
Licensing and Inspection; and
(b)
private offices of physicians, dentists, and other health care providers licensed to 
provide health care under Title 58, Occupations and Professions.
(18)
(15)
"Health care provider" means the same as that term is defined in Section 
78B-3-403
, except that "health care provider" does not include an emergency medical 
services provider.
(19)
(16)
"Incapacitated" means the same as that term is defined in Section 
75-1-201
.
(20)
(17)
"Incapacity" means the same as that term is defined in Section 
75-1-201
.
(21)
(18)
(a)
"Life sustaining care" means any medical intervention, including 
procedures, administration of medication, or use of a medical device, that maintains 
life by sustaining, restoring, or supplanting a vital function.
(b)
"Life sustaining care" does not include care provided for the purpose of keeping an 
individual comfortable.
(22)
(19)
"Minor" means an individual who:
(a)
is under 18 years old; and
(b)
is not an emancipated minor.
(23)
(20)
"Order for life sustaining treatment" means an order related to life sustaining 
treatment, on a form designated by the Department of Health and Human Services under 
Section 
75-3-106
75A-3-106
, that gives direction to health care providers, health care 
facilities, and emergency medical services providers regarding the specific health care 
decisions of the individual to whom the order relates.
(24)
(21)
"Parent" means the same as that term is defined in Section 
75-1-201
.
(25)
"Personal representative" means the same as that term is defined in Section 
75-1-201
.
(26)
(22)
"Physician" means a physician and surgeon or osteopathic surgeon licensed 
under Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic 
Medical Practice Act.
(27)
(23)
"Physician assistant" means an individual licensed as a physician assistant under 
Title 58, Chapter 70a, Utah Physician Assistant Act.
(28)
(24)
"Reasonably available" means:
(a)
readily able to be contacted without undue effort; and
(b)
willing and able to act in a timely manner considering the urgency of the 
circumstances.
(29)
"State" means the same as that term is defined in Section 
75-1-201
.
(30)
(25)
"Substituted judgment" means the standard to be applied by a surrogate when 
making a health care decision for an adult who previously had the capacity to make 
health care decisions, which requires the surrogate to consider:
(a)
specific preferences expressed by the adult:
(i)
when the adult had the capacity to make health care decisions; and
(ii)
at the time the decision is being made;
(b)
the surrogate's understanding of the adult's health care preferences;
(c)
the surrogate's understanding of what the adult would have wanted under the 
circumstances; and
(d)
to the extent that the preferences described in Subsections 
(30)(a)
(25)(a)
 through (c) 
are unknown, the best interest of the adult.
(31)
(26)
"Surrogate" means a health care decision maker who is:
(a)
an appointed agent;
(b)
a default surrogate under the provisions of Section 
75A-3-203
; or
(c)
a guardian.
(32)
"Trust" means the same as that term is defined in Section 
75-1-201
.
(33)
"Will" means the same as that term is defined in Section 
75-1-201
.
Section 58, Section 
75A-4-102
 is amended to read:
75A-4-102
. Definitions for chapter.
As used in this chapter:
(1)
"Appointee" means a person to which a powerholder makes an appointment of 
appointive property.
(2)
"Appointive property" means the property or property interest subject to a power of 
appointment.
(3)
(a)
"Blanket-exercise clause" means a clause in an instrument that exercises a power 
of appointment and is not a specific-exercise clause. 
(b)
"Blanket-exercise clause" includes a clause that:
(i)
expressly uses the words "any power" in exercising any power of appointment the 
powerholder has;
(ii)
expressly uses the words "any property" in appointing any property over which 
the powerholder has a power of appointment; or
(iii)
disposes of all property subject to disposition by the powerholder.
(4)
"Descendant" means the same as that term is defined in Section 
75-1-201
.
(5)
(4)
"Donor" means a person that creates a power of appointment.
(6)
"Estate" means the same as that term is defined in Section 
75-1-201
.
(7)
(5)
"Exclusionary power of appointment" means a power of appointment exercisable in 
favor of any one or more of the permissible appointees to the exclusion of the other 
permissible appointees.
(8)
(6)
"General power of appointment" means a power of appointment exercisable in 
favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a 
creditor of the powerholder's estate.
(9)
(7)
"Gift-in-default clause" means a clause identifying a taker in default of appointment.
(10)
(8)
"Impermissible appointee" means a person that is not a permissible appointee.
(11)
(9)
"Instrument" means a record.
(12)
(10)
(a)
"Nongeneral power of appointment" means a power of appointment that is 
not a general power of appointment. 
(b)
"Nongeneral power of appointment" includes a special power of appointment, a 
limited power of appointment, or similar terminology that is used in an instrument 
creating a power that does not grant powers making it a general power of 
appointment. 
(13)
(11)
"Permissible appointee" means a person in whose favor a powerholder may 
exercise a power of appointment.
(14)
"Person" means an individual, estate, trust, business or nonprofit entity, public 
corporation, government or governmental subdivision, agency, instrumentality, or other 
legal entity.
(15)
(12)
"Powerholder" means a person in whom a donor creates a power of appointment.
(16)
(13)
(a)
"Power of appointment" means a power that enables a powerholder acting 
in a nonfiduciary capacity to designate a recipient of an interest in, or another power 
of appointment over, the appointive property. 
(b)
"Power of appointment" does not include a power of attorney.
(17)
(14)
(a)
"Presently exercisable power of appointment" means a power of 
appointment exercisable by the powerholder at a relevant time. 
(b)
"Presently exercisable power of appointment" includes a power of appointment not 
exercisable until the occurrence of a specified event, the satisfaction of an 
ascertainable standard, or the passage of a specified time only after:
(i)
the occurrence of the specified event;
(ii)
the satisfaction of the ascertainable standard; or
(iii)
the passage of the specified time.
(c)
"Presently exercisable power of appointment" does not include a power exercisable 
only at the powerholder's death.
(18)
"Property" means the same as that term is defined in Section 
75-1-201
.
(19)
"Record" means information that is inscribed on a tangible medium or that is stored in 
an electronic or other medium and is retrievable in perceivable form.
(20)
(15)
"Specific-exercise clause" means a clause in an instrument that specifically refers 
to and exercises a particular power of appointment.
(21)
(16)
"Taker in default of appointment" means a person that takes all or part of the 
appointive property to the extent the powerholder does not effectively exercise the 
power of appointment.
(22)
(17)
"Terms of the instrument" means the manifestation of the intent of the maker of 
the instrument regarding the instrument's provisions as expressed in the instrument or as 
may be established by other evidence that would be admissible in a legal proceeding.
(23)
"Trust" means the same as that term is defined in Section 
75-1-201
.
(24)
"Will" means the same as that term is defined in Section 
75-1-201
.
Section 59, Section 
75A-4-302
 is amended to read:
75A-4-302
. Intent to exercise -- Determining intent from residuary clause.
(1)
As used in this section
:
,
(a)
"Residuary 
"residuary 
clause" does not include a residuary clause containing a 
blanket-exercise clause or a specific-exercise clause.
(b)
"Will" includes a codicil and a testamentary instrument that revises another will.
(2)
A residuary clause in a powerholder's will, or a comparable clause in the powerholder's 
revocable trust, manifests the powerholder's intent to exercise a power of appointment 
only if:
(a)
the terms of the instrument containing the residuary clause do not manifest a contrary 
intent;
(b)
the power is a general power exercisable in favor of the powerholder's estate;
(c)
there is no gift-in-default clause or the clause is ineffective; and
(d)
the powerholder did not release the power.
Section 60, Section 
75A-5-102
 is amended to read:
75A-5-102
. Definitions for chapter.
As used in this chapter:
(1)
(a)
"Accounting period" means a calendar year, unless a fiduciary selects another 
period of 12 calendar months or approximately 12 calendar months.
(b)
"Accounting period" includes a part of a calendar year or another period of 12 
calendar months or approximately 12 calendar months that begins when an income 
interest begins or ends when an income interest ends.
(2)
(a)
"Asset-backed security" means a security that is serviced primarily by the cash 
flows of a discrete pool of fixed or revolving receivables or other financial assets that 
by the financial assets' terms convert into cash within a finite time.
(b)
"Asset-backed security" includes rights or other assets that ensure the servicing or 
timely distribution of proceeds to the holder of the asset-backed security.
(c)
"Asset-backed security" does not include an asset to which Section 
75A-5-401
, 
75A-5-409
, or 
75A-5-414
 applies.
(3)
"Beneficiary" includes:
(a)
for a trust:
(i)
a current beneficiary, including a current income beneficiary and a beneficiary that 
may receive only principal;
(ii)
a remainder beneficiary; and
(iii)
any other successor beneficiary;
(b)
for an estate, an heir and devisee; and
(c)
for a life estate or term interest, a person that holds a life estate, term interest, or 
remainder, or other interest following a life estate or term interest.
(4)
"Court" means a court in this state with jurisdiction over a trust or estate, or a life estate 
or other term interest described in Subsection 
75A-5-103
(2).
(5)
"Current income beneficiary" means a beneficiary to which a fiduciary may distribute 
net income, even if the fiduciary also may distribute principal to the beneficiary.
(6)
(a)
"Distribution" means a payment or transfer by a fiduciary to a beneficiary in the 
beneficiary's capacity as a beneficiary, made under the terms of the trust, without 
consideration other than the beneficiary's right to receive the payment or transfer 
under the terms of the trust.
(b)
"Distribute," "distributed," and "distributee" have corresponding meanings.
(7)
(a)
"Estate" means a decedent's estate.
(b)
"Estate" includes the property of the decedent as the estate is originally constituted 
and the property of the estate as it exists at any time during administration.
(8)
"Fiduciary" includes:
(a)
a trustee, trust director as defined in Section 
75-12-102
75B-3-102
, personal 
representative, life tenant, holder of a term interest, and person acting under a 
delegation from a fiduciary;
(b)
a person that holds property for a successor beneficiary whose interest may be 
affected by an allocation of receipts and expenditures between income and principal; 
and
(c)
if there are two or more co-fiduciaries, all co-fiduciaries acting under the terms of the 
trust and applicable law.
(9)
(a)
"Income" means money or other property a fiduciary receives as current return 
from principal.
(b)
"Income" includes a part of receipts from a sale, exchange, or liquidation of a 
principal asset to the extent provided in Part 4, Allocation of Receipts.
(10)
(a)
"Income interest" means the right of a current income beneficiary to receive all 
or part of net income, whether the terms of the trust require the net income to be 
distributed or authorize the net income to be distributed in the fiduciary's discretion.
(b)
"Income interest" includes the right of a current beneficiary to use property held by a 
fiduciary.
(11)
"Independent person" means a person that is not:
(a)
for a trust:
(i)
a qualified beneficiary as determined under Section 
75-7-103
75B-2-103
;
(ii)
a settlor of the trust; or
(iii)
an individual whose legal obligation to support a beneficiary may be satisfied by 
a distribution from the trust;
(b)
for an estate, a beneficiary;
(c)
a spouse, parent, brother, sister, or issue of an individual described in Subsection 
(11)(a) or (b);
(d)
a corporation, partnership, limited liability company, or other entity in which persons 
described in Subsections (11)(a) through (c), in the aggregate, have voting control; or
(e)
an employee of a person described in Subsection (11)(a), (b), (c), or (d).
(12)
"Mandatory income interest" means the right of a current income beneficiary to 
receive net income that the terms of the trust require the fiduciary to distribute.
(13)
(a)
"Net income" means:
(i)
the total allocations during an accounting period to income under the terms of a 
trust and this chapter minus the disbursements during the accounting period, other 
than distributions, allocated to income under the terms of the trust and this 
chapter; and
(ii)
to the extent the trust is a unitrust under Part 3, Unitrust, the unitrust amount 
determined under Part 3, Unitrust.
(b)
"Net income" includes an adjustment from principal to income under Section 
75A-5-203
.
(c)
"Net income" does not include an adjustment from income to principal under Section 
75A-5-203
.
(14)
"Person" means:
(a)
an individual;
(b)
an estate;
(c)
a trust;
(d)
a business or nonprofit entity;
(e)
a public corporation, government or governmental subdivision, agency, or 
instrumentality; or
(f)
any other legal entity.
(15)
"Personal representative" means an executor, administrator, successor personal 
representative, special administrator, or person that performs substantially the same 
function with respect to an estate under the law governing the person's status.
(16)
(14)
"Principal" means property held in trust for distribution to, production of income 
for, or use by a current or successor beneficiary.
(17)
"Record" means information that is inscribed on a tangible medium or that is stored in 
an electronic or other medium and is retrievable in perceivable form.
(18)
(15)
"Settlor" means the same as that term is defined in Section 
75-7-103
75B-1-101
.
(19)
(16)
"Special tax benefit" means:
(a)
exclusion of a transfer to a trust from gifts described in Section 2503(b) of the 
Internal Revenue Code because of the qualification of an income interest in the trust 
as a present interest in property;
(b)
status as a qualified subchapter S trust described in Section 1361(d)(3) of the Internal 
Revenue Code at a time the trust holds stock of an S corporation described in Section 
1361(a)(1) of the Internal Revenue Code;
(c)
an estate or gift tax marital deduction for a transfer to a trust under Section 2056 or 
2523 of the Internal Revenue Code that depends or depended in whole or in part on 
the right of the settlor's spouse to receive the net income of the trust;
(d)
exemption in whole or in part of a trust from the federal generation-skipping transfer 
tax imposed by Section 2601 of the Internal Revenue Code because the trust was 
irrevocable on September 25, 1985, if there is any possibility that:
(i)
a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code, 
could be made from the trust; or
(ii)
a taxable termination, as defined in Section 2612(a) of the Internal Revenue 
Code, could occur with respect to the trust; or
(e)
an inclusion ratio, as defined in Section 2642(a) of the Internal Revenue Code, of the 
trust which is less than one, if there is any possibility that:
(i)
a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code, 
could be made from the trust; or
(ii)
a taxable termination, as defined in Section 2612(a) of the Internal Revenue 
Code, could occur with respect to the trust.
(20)
(17)
"Successive interest" means the interest of a successor beneficiary.
(21)
(18)
"Successor beneficiary" means a person entitled to receive income or principal or 
to use property when an income interest or other current interest ends.
(22)
(19)
"Terms of a trust" means:
(a)
except as otherwise provided in Subsection 
(22)(b),
(19)(b),
 the manifestation of the 
settlor's intent regarding a trust's provisions as:
(i)
expressed in the trust instrument; or
(ii)
established by other evidence that would be admissible in a judicial proceeding;
(b)
the trust's provisions as established, determined, or amended by:
(i)
a trustee or trust director in accordance with applicable law;
(ii)
a court order; or
(iii)
a nonjudicial settlement agreement under Section 
75-7-110
75B-2-110
;
(c)
for an estate, a will; or
(d)
for a life estate or term interest, the corresponding manifestation of the rights of the 
beneficiaries.
(23)
(20)
(a)
"Trust" includes:
(i)
an express trust, private or charitable, with additions to the trust, wherever and 
however created; and
(ii)
a trust created or determined by judgment or decree under which the trust is to be 
administered in the manner of an express trust.
(b)
"Trust" does not include:
(i)
a constructive trust;
(ii)
a resulting trust, conservatorship, guardianship, multi-party account, custodial 
arrangement for a minor, business trust, voting trust, security arrangement, 
liquidation trust, or trust for the primary purpose of paying debts, dividends, 
interest, salaries, wages, profits, pensions, retirement benefits, or employee 
benefits of any kind; or
(iii)
an arrangement under which a person is a nominee, escrowee, or agent for 
another.
(24)
(21)
(a)
"Trustee" means a person, other than a personal representative, that owns 
or holds property for the benefit of a beneficiary.
(b)
"Trustee" includes an original, additional, or successor trustee, whether appointed or 
confirmed by a court.
(25)
(a)
"Will" means any testamentary instrument recognized by applicable law that 
makes a legally effective disposition of an individual's property effective at the 
individual's death.
(b)
"Will" includes a codicil or other amendment to a testamentary instrument.
Section 61, Section 
75A-5-202
 is amended to read:
75A-5-202
. Judicial review of exercise of discretionary power -- Request for 
instruction.
(1)
In this section, "fiduciary decision" means:
(a)
a fiduciary's allocation between income and principal or other determination 
regarding income and principal required or authorized by the terms of the trust or this 
chapter;
(b)
the fiduciary's exercise or nonexercise of a discretionary power regarding income 
and principal granted by the terms of the trust or this chapter, including the power to:
(i)
adjust under Section 
75A-5-203
;
(ii)
convert an income trust to a unitrust under Subsection 
75A-5-303
(1)(a);
(iii)
change the percentage or method used to calculate a unitrust amount under 
Subsection 
75A-5-303
(1)(b); or
(iv)
convert a unitrust to an income trust under Subsection 
75A-5-303
(1)(c); or
(c)
the fiduciary's implementation of a decision described in Subsection (1)(a) or (b).
(2)
The court may not order a fiduciary to change a fiduciary decision, unless the court 
determines that the fiduciary decision was an abuse of the fiduciary's discretion.
(3)
(a)
If the court determines that a fiduciary decision was an abuse of the fiduciary's 
discretion, the court may order a remedy authorized by law, including a remedy 
authorized in Section 
75-7-1001
75B-2-1001
.
(b)
To place the beneficiaries in the positions that the beneficiaries would have occupied 
if there had not been an abuse of the fiduciary's discretion, the court may order:
(i)
the fiduciary to exercise or refrain from exercising the power to adjust under 
Section 
75A-5-203
;
(ii)
the fiduciary to exercise or refrain from exercising the power to:
(A)
convert an income trust to a unitrust under Subsection 
75A-5-303
(1)(a);
(B)
change the percentage or method used to calculate a unitrust amount under 
Subsection 
75A-5-303
(1)(b); or
(C)
convert a unitrust to an income trust under Subsection 
75A-5-303
(1)(c);
(iii)
the fiduciary to distribute an amount to a beneficiary;
(iv)
a beneficiary to return some or all of a distribution; or
(v)
the fiduciary to withhold an amount from one or more future distributions to a 
beneficiary.
(4)
(a)
On petition by a fiduciary for instruction, the court may determine whether a 
proposed fiduciary decision will result in an abuse of the fiduciary's discretion.
(b)
A beneficiary that opposes the proposed decision has the burden to establish that the 
proposed decision will result in an abuse of the fiduciary's discretion if the petition:
(i)
describes the proposed decision;
(ii)
contains sufficient information to inform the beneficiary of the reasons for 
making the proposed decision and the facts on which the fiduciary relies; and
(iii)
explains how the beneficiary will be affected by the proposed decision.
Section 62, Section 
75A-5-203
 is amended to read:
75A-5-203
. Fiduciary's power to adjust.
(1)
Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a 
record, without court approval, may adjust between income and principal if the fiduciary 
determines the exercise of the power to adjust will assist the fiduciary to administer the 
trust or estate impartially.
(2)
This section does not create a duty to exercise or consider the power to adjust under 
Subsection (1) or to inform a beneficiary about the applicability of this section.
(3)
A fiduciary that in good faith exercises or fails to exercise the power to adjust under 
Subsection (1) is not liable to a person affected by the exercise or failure to exercise.
(4)
In deciding whether and to what extent to exercise the power to adjust under Subsection 
(1), a fiduciary shall consider all factors the fiduciary considers relevant, including the 
relevant factors in Subsection 
75A-5-201
(5) and the application of Subsection 
75A-5-401
(9), Section 
75A-5-408
, and Section 
75A-5-413
.
(5)
A fiduciary may not exercise the power to make an adjustment under Subsection (1) or 
the power to make a determination that an allocation is insubstantial under Section 
75A-5-408
 if:
(a)
the adjustment or determination would reduce the amount payable to a current 
income beneficiary from a trust that qualifies for a special tax benefit, except to the 
extent the adjustment is made to provide for a reasonable apportionment of the total 
return of the trust between the current income beneficiary and successor beneficiaries;
(b)
the adjustment or determination would change the amount payable to a beneficiary, 
as a fixed annuity or a fixed fraction of the value of the trust assets, under the terms 
of the trust;
(c)
the adjustment or determination would reduce an amount that is permanently set 
aside for a charitable purpose under the terms of the trust, unless both income and 
principal are set aside for the charitable purpose;
(d)
possessing or exercising the power would cause a person to be treated as the owner 
of all or part of the trust for federal income tax purposes;
(e)
possessing or exercising the power would cause all or part of the value of the trust 
assets to be included in the gross estate of an individual for federal estate tax 
purposes;
(f)
possessing or exercising the power would cause an individual to be treated as making 
a gift for federal gift tax purposes;
(g)
the fiduciary is not an independent person;
(h)
the trust is irrevocable and provides for income to be paid to the settlor and 
possessing or exercising the power would cause the adjusted principal or income to 
be considered an available resource or available income under a public-benefit 
program; or
(i)
the trust is a unitrust under Part 3, Unitrust.
(6)
If Subsection (5)(d), (e), (f), or (g) applies to a fiduciary:
(a)
a co-fiduciary to which Subsections (5)(d) through (g) do not apply may exercise the 
power to adjust, unless the exercise of the power to adjust by the remaining 
co-fiduciary or co-fiduciaries is not permitted by the terms of the trust or law other 
than this chapter; or
(b)
(i)
if there is no co-fiduciary to which Subsections (5)(d) through (g) do not apply:
(A)
except as otherwise provided in Subsection (6)(b)(ii)(A), the fiduciary may 
appoint a co-fiduciary to which Subsections (5)(d) through (g) do not apply;
(B)
except as otherwise provided in Subsection (6)(b)(ii)(B), the appointed 
co-fiduciary may exercise the power to adjust under Subsection (1); and
(C)
the appointed co-fiduciary may be a special fiduciary with limited powers.
(ii)
(A)
If the appointment of a co-fiduciary is not permitted by the terms of the 
trust or by a provision of law outside this chapter, a fiduciary may not appoint 
a co-fiduciary.
(B)
If the exercise of the power to adjust by a co-fiduciary is not permitted by the 
terms of the trust or by a provision of law outside this chapter, the co-fiduciary 
may not exercise the power to adjust under Subsection (1).
(7)
A fiduciary may release or delegate to a co-fiduciary the power to adjust under 
Subsection (1) if the fiduciary determines that the fiduciary's possession or exercise of 
the power to adjust will or may:
(a)
cause a result described in Subsections (5)(a) through (f) or (h); or
(b)
deprive the trust of a tax benefit or impose a tax burden not described in Subsections 
(5)(a) through (f).
(8)
A fiduciary's release or delegation to a co-fiduciary under Subsection (7) of the power to 
adjust under Subsection (1):
(a)
must be in a record;
(b)
applies to the entire power to adjust, unless the release or delegation provides a 
limitation, which may be a limitation to the power to adjust:
(i)
from income to principal;
(ii)
from principal to income;
(iii)
for specified property; or
(iv)
in specified circumstances;
(c)
for a delegation, may be modified by a redelegation under this subsection by the 
co-fiduciary to which the delegation is made; and
(d)
subject to Subsection (8)(c), is permanent, unless the release or delegation provides a 
specified period, including a period measured by the life of an individual or the lives 
of more than one individual.
(9)
Terms of a trust that deny or limit the power to adjust between income and principal do 
not affect the application of this section, unless the terms of the trust expressly deny or 
limit the power to adjust under Subsection (1).
(10)
The exercise of the power to adjust under Subsection (1) in any accounting period may 
apply to the current accounting period, the immediately preceding accounting period, 
and one or more subsequent accounting periods.
(11)
A description of the exercise of the power to adjust under Subsection (1) shall be:
(a)
included in a report, if any, sent to beneficiaries under Subsection 
75-7-811
(3)
75B-2-811(3)
; or
(b)
communicated at least annually to the qualified beneficiaries determined under 
Subsection 
75-7-103
(1)(h)
75B-2-103(8)
.
Section 63, Section 
75A-5-303
 is amended to read:
75A-5-303
. Authority of fiduciary.
(1)
A fiduciary, without court approval, by complying with Subsections (2) and (6), may:
(a)
convert an income trust to a unitrust if the fiduciary adopts, in a record, a unitrust 
policy for the trust providing:
(i)
that, in administering the trust, the net income of the trust will be a unitrust 
amount rather than net income determined without regard to this part; and
(ii)
the percentage and method used to calculate the unitrust amount;
(b)
change the percentage or method used to calculate a unitrust amount for a unitrust if 
the fiduciary adopts in a record a unitrust policy or an amendment or replacement of 
a unitrust policy providing changes in the percentage or method used to calculate the 
unitrust amount; or
(c)
convert a unitrust to an income trust if the fiduciary adopts, in a record, a 
determination that, in administering the trust, the net income of the trust will be net 
income determined without regard to this part rather than a unitrust amount.
(2)
A fiduciary may take an action under Subsection (1) if:
(a)
the fiduciary determines that the action will assist the fiduciary to administer a trust 
impartially;
(b)
the fiduciary sends a notice in a record, in the manner required by Section 
75A-5-304
, 
describing and proposing to take the action;
(c)
the fiduciary sends a copy of the notice under Subsection (2)(b) to each settlor of the 
trust which is:
(i)
if an individual, living; or
(ii)
if not an individual, in existence;
(d)
at least one member of each class of the qualified beneficiaries determined under 
Subsection 
75-7-103
(1)(h)
75B-2-103(8)
 receiving the notice under Subsection 
(2)(b) is:
(i)
if an individual, legally competent;
(ii)
if not an individual, in existence; or
(iii)
represented in the manner provided in Subsection 
75A-5-304
(2); and
(e)
the fiduciary does not receive, by the date specified in the notice under Subsection 
75A-5-304
(4)(e), an objection in a record to the action proposed under Subsection 
(2)(b) from a person to which the notice under Subsection (2)(b) is sent.
(3)
(a)
If a fiduciary receives, not later than the date stated in the notice under Subsection 
75A-5-304
(4)(e), an objection in a record described in Subsection 
75A-5-304
(4)(d) to 
a proposed action, the fiduciary or a beneficiary may request that the court:
(i)
require the fiduciary to take the proposed action;
(ii)
require the fiduciary to take the proposed action with modifications; or
(iii)
prevent the proposed action.
(b)
A person described in Subsection 
75A-5-304
(1) may oppose the proposed action in 
the proceeding under Subsection (3)(a), regardless of whether the person:
(i)
consented under Subsection 
75A-5-304
(3); or
(ii)
objected under Subsection 
75A-5-304
(4)(d).
(4)
If, after sending a notice under Subsection (2)(b), a fiduciary decides not to take the 
action proposed in the notice, the fiduciary shall notify each person described in 
Subsection 
75A-5-304
(1) in a record of the decision not to take the action and the 
reasons for the decision.
(5)
If a beneficiary requests in a record that a fiduciary take an action described in 
Subsection (1) and the fiduciary declines to act or does not act within 90 days after 
receiving the request, the beneficiary may request the court to direct the fiduciary to take 
the action requested.
(6)
In deciding whether and how to take an action authorized by Subsection (1), or whether 
and how to respond to a request by a beneficiary under Subsection (5), a fiduciary shall 
consider all factors relevant to the trust and the beneficiaries, including the relevant 
factors in Subsection 
75A-5-201
(5).
(7)
For a reason described in Subsection 
75A-5-203
(7), and in the manner described in 
Subsection 
75A-5-203
(8), a fiduciary may:
(a)
release or delegate the power to convert an income trust to a unitrust under 
Subsection (1)(a);
(b)
change the percentage or method used to calculate a unitrust amount under 
Subsection (1)(b); or
(c)
convert a unitrust to an income trust under Subsection (1)(c).
Section 64, Section 
75A-5-304
 is amended to read:
75A-5-304
. Notice.
(1)
A fiduciary shall send a notice required by Subsection 
75A-5-303
(2)(b) in a manner 
authorized under Section 
75-7-109
75B-2-109
 to:
(a)
the qualified beneficiaries determined under Subsection 
75-7-103
(1)(h)
75B-2-103(8)
;
(b)
each person acting, in accordance with Title 75, Chapter 12, Uniform Directed Trust 
Act, as trust director of the trust; and
(c)
each person that is granted a power by the terms of the trust to appoint or remove a 
trustee or person described in Subsection (1)(b), to the extent the power is exercisable 
when the person that exercises the power is not then serving as trustee or is a person 
described in Subsection (1)(b).
(2)
The representation provisions of 
Sections 
75-7-301
 through 
75-7-305
Title 75B, 
Chapter 2, Part 3, Representation,
 apply to notice under this section.
(3)
(a)
A person may consent in a record at any time to action proposed under Subsection 
75A-5-303
(2)(b).
(b)
If a person required to receive a notice under Subsection (1) consents under 
Subsection (3)(a) to not receive the notice, the fiduciary is not required to send the 
person the notice.
(4)
A notice required by Subsection 
75A-5-303
(2)(b) shall include:
(a)
the action proposed under Subsection 
75A-5-303
(2)(b);
(b)
for a conversion of an income trust to a unitrust, a copy of the unitrust policy adopted 
under Subsection 
75A-5-303
(1)(a);
(c)
for a change in the percentage or method used to calculate the unitrust amount, a 
copy of the unitrust policy or amendment or replacement of the unitrust policy 
adopted under Subsection 
75A-5-303
(1)(b);
(d)
a statement that the person to which the notice is sent may object to the proposed 
action by stating in a record the basis for the objection and sending or delivering the 
record to the fiduciary;
(e)
the date by which the fiduciary shall receive an objection under Subsection (4)(d), 
which shall be at least 30 days after the date the notice is sent;
(f)
the date on which the action is proposed to be taken and the date on which the action 
is proposed to take effect;
(g)
the name and contact information of the fiduciary; and
(h)
the name and contact information of a person that may be contacted for additional 
information.
Section 65, Section 
75A-6-102
 is amended to read:
75A-6-102
. Definitions for chapter.
As used in this chapter:
(1)
"Account" means an arrangement under a terms of service agreement in which a 
custodian carries, maintains, processes, receives, or stores a digital asset of the user or 
provides goods or services to the user.
(2)
"Agent" means an attorney in fact granted authority under a durable or nondurable 
power of attorney.
(2)
"Agent" means the same as that term is defined in Section 
75A-2-102
.
(3)
"Carries" means engages in the transmission of an electronic communication.
(4)
"Catalogue of electronic communications" means information that identifies each 
person with which a user has had an electronic communication, the time and date of the 
communication, and the electronic address of the person.
(5)
(a)
"Conservator" means a person appointed by a court to manage the estate of a 
living individual.
(b)
"Conservator" includes a limited conservator.
(6)
(5)
"Content of an electronic communication" means information concerning the 
substance or meaning of the communication that:
(a)
has been sent or received by a user;
(b)
is in electronic storage by a custodian providing an electronic communication service 
to the public or is carried or maintained by a custodian providing a remote computing 
service to the public; and
(c)
is not readily accessible to the public.
(7)
(6)
"Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial 
Administration.
(8)
(7)
"Custodian" means a person that carries, maintains, processes, receives, or stores a 
digital asset of a user.
(9)
(8)
"Designated recipient" means a person chosen by a user using an online tool to 
administer digital assets of the user.
(10)
(9)
(a)
"Digital asset" means an electronic record in which an individual has a right 
or interest.
(b)
"Digital asset" does not include an underlying asset or liability unless the asset or 
liability is itself an electronic record.
(11)
"Electronic" means relating to technology having electrical, digital, magnetic, 
wireless, optical, electromagnetic, or similar capabilities.
(12)
(10)
"Electronic communication" has the same meaning as the definition in 18 U.S.C. 
Sec. 2510(12).
(13)
(11)
"Electronic communication service" means a custodian that provides to a user the 
ability to send or receive an electronic communication.
(14)
"Estate" means the same as that term is defined in Section 
75-1-201
.
(15)
(12)
"Fiduciary" means an original, additional, or successor personal representative, 
conservator, guardian, agent, or trustee.
(16)
(a)
"Guardian" means a person appointed by a court to manage the affairs of a 
living individual.
(b)
"Guardian" includes a limited guardian.
(17)
(13)
"Information" means data, text, images, videos, sounds, codes, computer 
programs, software, databases, or the like.
(18)
(14)
"Online tool" means an electronic service provided by a custodian that allows the 
user, in an agreement distinct from the terms of service agreement between the custodian 
and user, to provide directions for disclosure or nondisclosure of digital assets to a third 
person.
(19)
"Person" means an individual, estate, business or nonprofit entity, public corporation, 
government or governmental subdivision, agency, instrumentality, or other legal entity.
(20)
"Personal representative" means an executor, administrator, special administrator as 
defined in Section 
75-1-201
, or person that performs substantially the same function 
under the law of this state other than this chapter.
(21)
"Power of attorney" means a record that grants an agent authority to act in the place of 
a principal.
(22)
"Principal" means an individual who grants authority to an agent in a power of 
attorney.
(15)
"Power of attorney" means the same as that term is defined in Section 
75A-2-102
.
(16)
"Principal" means the same as that term is defined in Section 
75A-2-102
.
(23)
(17)
(a)
"Protected person" means an individual for whom a conservator or 
guardian has been appointed.
(b)
"Protected person" includes an individual for whom an application for the 
appointment of a conservator or guardian is pending.
(24)
"Record" means information that is inscribed on a tangible medium or that is stored in 
an electronic or other medium and is retrievable in perceivable form.
(25)
(18)
"Remote computing service" means a custodian that provides to a user computer 
processing services or the storage of digital assets by means of an electronic 
communications system, as defined in 18 U.S.C. Sec. 2510(14).
(26)
(19)
"Successor personal representative" means the same as that term is defined in 
Section 
75-1-201
.
(27)
(20)
"Terms of service agreement" means an agreement that controls the relationship 
between a user and a custodian.
(28)
"Trust" means the same as that term is defined in Section 
75-1-201
.
(29)
(21)
(a)
"Trustee" means a fiduciary with legal title to property pursuant to an 
agreement or declaration that creates a beneficial interest in another.
(b)
"Trustee" includes a successor trustee.
(30)
(22)
"User" means a person that has an account with a custodian.
(31)
"Will" includes a codicil, a testamentary instrument that only appoints an executor, 
and an instrument that revokes or revises a testamentary instrument.
Section 66, Section 
75A-6-112
 is amended to read:
75A-6-112
. Disclosure of contents of electronic communications held in trust 
when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a 
custodian shall disclose to a trustee that is not an original user of an account the content of an 
electronic communication sent or received by an original or successor user and carried, 
maintained, processed, received, or stored by the custodian in the account of the trust if the 
trustee gives the custodian:
(1)
a written request for disclosure in physical or electronic form;
(2)
a certified copy of the trust instrument or a certification of the trust under Section 
75-7-1013
75B-2-1013
 that includes consent to disclosure of the content of electronic 
communications to the trustee;
(3)
a certification by the trustee, under penalty of perjury, that the trust exists and the 
trustee is a currently acting trustee of the trust; and
(4)
if requested by the custodian:
(a)
a number, username, address, or other unique subscriber or account identifier 
assigned by the custodian to identify the trust's account; or
(b)
evidence linking the account to the trust.
Section 67, Section 
75A-6-113
 is amended to read:
75A-6-113
. Disclosure of other digital assets held in trust when trustee not 
original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a 
custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of 
electronic communications sent or received by an original or successor user and stored, 
carried, or maintained by the custodian in an account of the trust and any digital assets, other 
than the content of electronic communications, in which the trust has a right or interest if the 
trustee gives the custodian:
(1)
a written request for disclosure in physical or electronic form;
(2)
a certified copy of the trust instrument or a certification of the trust under Section 
75-7-1013
75B-2-1013
;
(3)
a certification by the trustee, under penalty of perjury, that the trust exists and the 
trustee is a currently acting trustee of the trust; and
(4)
if requested by the custodian:
(a)
a number, username, address, or other unique subscriber or account identifier 
assigned by the custodian to identify the trust's account; or
(b)
evidence linking the account to the trust.
Section 68, Section 
75A-7-102
 is amended to read:
75A-7-102
. Definitions for chapter.
As used in this chapter:
(1)
"Assignment" includes any written stock power, bond power, bill of sale, deed, 
declaration of trust or other instrument of transfer.
(2)
"Claim of beneficial interest" includes:
(a)
a claim of any interest by a decedent's legatee, distributee, heir or creditor, a 
beneficiary under a trust, a ward, a beneficial owner of a security registered in the 
name of a nominee, or a minor owner of a security registered in the name of a 
custodian, or a claim of any similar interest, whether the claim is asserted by the 
claimant or by a fiduciary or by any other authorized person in his behalf; and
(b)
a claim that the transfer would be in breach of fiduciary duties.
(3)
"Corporation" means a private or public corporation, association or trust issuing a 
security.
(4)
"Fiduciary" means an executor, administrator, trustee, guardian, committee, 
conservator, curator, tutor, custodian or nominee.
(5)
"Person" includes an individual, a corporation, government or governmental 
subdivision or agency, business trust, estate, trust, partnership or association, two or 
more persons having a joint or common interest, or any other legal or commercial entity.
(6)
(5)
"Security" includes any share of stock, bond, debenture, note or other security 
issued by a corporation which is registered as to ownership on the books of the 
corporation.
(7)
(6)
"Transfer" means a change on the books of a corporation in the registered 
ownership of a security.
(8)
(7)
"Transfer agent" means a person employed or authorized by a corporation to 
transfer securities issued by the corporation.
Section 69, Section 
75A-8-102
 is amended to read:
8. UNIFORM TRANSFERS TO MINORS ACT
75A-8-102
. Definitions for chapter.
As used in this chapter:
(1)
"Adult" means an individual who is 21 years old or older.
(2)
"Beneficiary" means the same as that term is defined in Section 
75-1-201
.
(3)
"Benefit plan" means an employer's plan for the benefit of an employee or partner.
(4)
"Broker" means a person lawfully engaged in the business of effecting transactions in 
securities or commodities for the person's own account or for the accounts of others.
(5)
"Conservator" means a person appointed or qualified by a court to act as general, 
limited, or temporary guardian of a minor's property or a person legally authorized to 
perform substantially the same functions.
(6)
(5)
"Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial 
Administration.
(7)
(6)
"Custodial property" means:
(a)
any interest in property transferred to a custodian under this chapter; and
(b)
the income from and proceeds of that interest in property.
(8)
(7)
"Custodian" means a person so designated under Section 
75A-8-110
 or a successor 
or substitute custodian designated under Section 
75A-8-119
.
(9)
"Estate" means the same as that term is defined in Section 
75-1-201
.
(10)
(8)
"Fiduciary" means the same as that term is defined in Section 
75-1-201
.
(11)
(9)
"Financial institution" means a bank, trust company, savings institution, or credit 
union, chartered and supervised under state or federal law.
(12)
"Guardian" means the same as that term is defined in Section 
75-1-201
.
(13)
(10)
"Incapacitated" means the same as that term is defined in Section 
75-1-201
.
(14)
(11)
"Incapacity" means the same as that term is defined in Section 
75-1-201
.
(15)
(12)
"Interested person" means the same as that term is defined in Section 
75-1-201
.
(16)
(13)
"Legal representative" means an individual's personal representative or 
conservator.
(17)
(14)
"Member of the minor's family" means the minor's parent, stepparent, spouse, 
grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by 
adoption.
(18)
(15)
"Minor" means an individual who is under 21 years old.
(19)
(16)
"Parent" means the same as that term is defined in Section 
75-1-201
.
(20)
(17)
"Payor" means the same as that term is defined in Section 
75-1-201
.
(21)
"Person" means an individual, corporation, organization as defined in Section 
75-1-201
, or other legal entity.
(22)
"Personal representative" means an executor, administrator, successor personal 
representative as defined in Section 
75-1-201
, or special administrator as defined in 
Section 
75-1-201
, of a decedent's estate or a person legally authorized to perform 
substantially the same functions.
(23)
(18)
"Petition" means the same as that term is defined in Section 
75-1-201
.
(24)
"Property" means the same as that term is defined in Section 
75-1-201
.
(25)
"Record" means the same as that term is defined in Section 
75-1-201
.
(26)
(19)
"Security" means the same as that term is defined in Section 
75-1-201
.
(27)
"State" includes any state of the United States, the district of Columbia, the 
Commonwealth of Puerto Rico, and any territory or possession subject to the legislative 
authority of the United States.
(28)
(20)
"Testator" means the same as that term is defined in Section 
75-1-201
.
(29)
(21)
"Transfer" means a transaction that creates custodial property under Section 
75A-8-109
75A-8-110
.
(30)
(22)
"Transferor" means a person who makes a transfer under this chapter.
(31)
"Trust" means the same as that term is defined in Section 
75-1-201
.
(32)
(23)
"Trust company" means a financial institution, corporation, or other legal entity, 
authorized to exercise general trust powers.
(33)
(24)
"Trustee" means the same as that term is defined in Section 
75-1-201
.
(34)
"Will" means the same as that term is defined in Section 
75-1-201
.
Section 70, Section 
75B-1-101
 is amended to read:
75B-1-101
. Definitions for title.
Reserved.
As used in this title:
(1)
"Agent" means the same as that term is defined in Section 
75-1-201
.
(2)
"Beneficiary" means a person that:
(a)
has a present or future beneficial interest in a trust, vested or contingent; or
(b)
in a capacity other than that of trustee, holds a power of appointment over trust 
property.
(3)
"Charitable trust" means a trust, or portion of a trust, created for a charitable purpose 
described in Subsection 
75B-2-405(1)
.
(4)
"Child" means, except as provided in Sections 
75B-2-503
 and 
75B-2-504
, the same as 
that term is defined in Section 
75-1-201
.
(5)
"Claims" means the same as that term is defined in Section 
75-1-201
.
(6)
"Conservator" means the same as that term is defined in Section 
75-1-201
.
(7)
"Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial 
Administration.
(8)
"Descendant" means the same as that term is defined in Section 
75-1-201
.
(9)
"Devise" means the same as that term is defined in Section 
75-1-201
.
(10)
"Distributee" means the same as that term is defined in Section 
75-1-201
.
(11)
"Estate" means the same as that term is defined in Section 
75-1-201
.
(12)
"Fiduciary" means the same as that term is defined in Section 
75-1-201
.
(13)
"Governing instrument" means the same as that term is defined in Section 
75-1-201
.
(14)
"Guardian" means the same as that term is defined in Section 
75-1-201
.
(15)
"Incapacitated" means the same as that term is defined in Section 
75-1-201
.
(16)
"Income" means the same as that term is defined in Section 
75A-5-102
.
(17)
"Interested person" means, except as provided in Section 
75B-2-110
, the same as that 
term is defined in Section 
75-1-102
.
(18)
"Lease" means the same as that term is defined in Section 
75-1-201
.
(19)
"Minor" means an individual who is younger than 18 years old.
(20)
"Mortgage" means the same as that term is defined in Section 
75-1-201
.
(21)
"Organization" means the same as that term is defined in Section 
75-1-201
.
(22)
"Parent" means the same as that term is defined in Section 
75-1-201
.
(23)
"Person" means the same as that term is defined in Section 
75-1-201
.
(24)
"Personal representative" means the same as that term is defined in Section 
75-1-201
.
(25)
"Petition" means the same as that term is defined in Section 
75-1-201
.
(26)
"Power of appointment" means the same as that term is defined in Section 
75A-4-102
.
(27)
"Principal" means the same as that term is defined in Section 
75A-5-102
.
(28)
"Property" means the same as that term is defined in Section 
75-1-201
.
(29)
"Protected person" means the same as that term is defined in Section 
75-1-201
.
(30)
"Record" means the same as that term is defined in Section 
75-1-201
.
(31)
"Security" means the same as that term is defined in Section 
75-1-201
.
(32)
(a)
"Settlor" means a person, including a testator, who creates, or contributes 
property to, a trust.
(b)
If more than one person creates or contributes property to a trust, each person is a 
settlor of the portion of the trust property attributable to that person's contribution 
except to the extent another person has the power to revoke or withdraw that portion.
(33)
"Sign" means the same as that term is defined in Section 
75-1-201
.
(34)
"State" means the same as that term is defined in Section 
75-1-201
.
(35)
"Successor" means a person, other than a creditor, that is entitled to property of a 
decedent under the decedent's will or Title 75, Utah Uniform Probate Code.
(36)
"Testator" means the same as that term is defined in Section 
75-1-201
.
(37)
(a)
"Trust" means:
(i)
a health savings account, as defined in Section 223 of the Internal Revenue Code;
(ii)
an express trust, private or charitable, with additions thereto, wherever and 
however created; or
(iii)
a trust created or determined by judgment or decree under which the trust is to be 
administered in the manner of an express trust.
(b)
"Trust" does not include:
(i)
a constructive trust;
(ii)
a resulting trust;
(iii)
a conservatorship;
(iv)
a personal representative;
(v)
a trust account as defined in Title 75, Chapter 6, Nonprobate Transfers;
(vi)
a custodial arrangement under Title 75A, Chapter 8, Uniform Transfers To 
Minors Act;
(vii)
a business trust providing for certificates to be issued to beneficiaries;
(viii)
a common trust fund;
(ix)
a voting trust;
(x)
a preneed funeral plan under Title 58, Chapter 9, Funeral Services Licensing Act;
(xi)
a security arrangement;
(xii)
a liquidation trust;
(xiii)
a trust for the primary purpose of paying debts, dividends, interest, salaries, 
wages, profits, pensions, or employee benefits of any kind; or
(xiv)
any arrangement under which a person is nominee or escrowee for another 
person.
(38)
"Trustee" means an original, additional, and successor trustee, and cotrustee, whether 
or not appointed or confirmed by the court.
(39)
"Trust instrument" means an instrument executed by the settlor that contains terms of 
the trust, including any amendments thereto.
(40)
"Ward" means the same as that term is defined in Section 
75-1-201
.
(41)
"Will" means the same as that term is defined in Section 
75-1-201
.
Section 71, Section 
75B-1-201
 is amended to read:
75B-1-201
. Definitions for part.
As used in this part
:
,
(1)
"Income" means the same as that term is defined in Section 
75A-5-101
.
(2)
"Principal" means the same as that term is defined in Section 
75A-5-101
.
(3)
"Retirement
 "retirement
 trust" means a trust:
(a)
(1)
created by an employer as part of a pension, stock bonus, disability, death benefit, 
profit sharing, retirement, or similar plan primarily for the benefit of an employee or the 
employee's family, appointee, or beneficiary;
(b)
(2)
to which contributions are made by the employer or employee; and
(c)
(3)
that is created for the purpose of distributing principal or income to the employee or 
the employee's family, appointee, or beneficiary.
Section 72, Section 
75B-1-301
 is amended to read:
75B-1-301
. Definitions for part.
As used in this part:
(1)
"Creditor" means:
(a)
a creditor or other claimant of the settlor existing when the trust is created; or
(b)
a person who subsequently becomes a creditor, including whether or not reduced to 
judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, 
undisputed, legal, equitable, secured, or unsecured:
(i)
holding or seeking to enforce a judgment entered by a court or other body having 
adjudicative authority; or
(ii)
with a right to payment.
(2)
"Domestic support obligation" means:
(a)
a child support judgment or order;
(b)
a spousal support judgment or order; or
(c)
an unsatisfied claim arising from a property division in a divorce proceeding.
(3)
"Insolvent" means:
(a)
having generally ceased to pay debts in the ordinary course of business other than as 
a result of a bona fide dispute;
(b)
being unable to pay debts as they become due; or
(c)
being insolvent within the meaning of federal bankruptcy law.
(4)
"Paid and delivered" does not include the settlor's use or occupancy of real property or 
personal property owned by the trust if the use or occupancy is in accordance with the 
trustee's discretionary authority under the trust instrument.
(5)
"Personal property" includes intangible and tangible personal property.
(6)
"Property" means real property, personal property, and interests in real or personal 
property.
(7)
"Settlor" means a person who transfers property in trust.
(8)
(6)
"Transfer" means any form of transfer of property, including gratuitous transfers, 
whether by deed, conveyance, or assignment.
(9)
"Trust" means the same as that term is defined in Section 
75-1-201
.
Section 73, Section 
75B-1-302
 is amended to read:
75B-1-302
. Asset protection trust.
(1)
If the settlor of an irrevocable trust is also a beneficiary of the trust, and if the 
requirements of Subsection (3) are satisfied, a creditor of the settlor may not:
(a)
satisfy a claim or liability of the settlor in either law or equity out of the settlor's 
transfer to the trust or the settlor's beneficial interest in the trust;
(b)
force or require the trustee to make a distribution to the settlor, as beneficiary; or
(c)
require the trustee to pay any distribution directly to the creditor, or otherwise attach 
the distribution before it has been paid or delivered by the trustee to the settlor, as 
beneficiary.
(2)
Notwithstanding Subsection (1), nothing in this section:
(a)
prohibits a creditor from satisfying a claim or liability from the distribution once it 
has been paid or delivered by the trustee to the settlor, as beneficiary; or
(b)
nullifies or impairs a security interest that was granted by a settlor or a trustee with 
respect to property that is transferred to the trust.
(3)
(a)
In order for Subsection (1) to apply, the conditions in this Subsection (3) shall be 
satisfied. 
(b)
 Where this Subsection (3) requires that a provision be included in the trust 
instrument, no particular language need be used in the trust instrument if the meaning 
of the trust provision otherwise complies with this Subsection (3).
(c)
An agreement or understanding, express or implied, between the settlor and the 
trustee that attempts to grant or permit the retention by the settlor of greater rights or 
authority than is stated in the trust instrument is void.
(d)
The trust instrument shall provide that the trust is governed by Utah law and is 
established pursuant to this section.
(e)
The trust instrument shall require that at all times at least one trustee shall be a Utah 
resident or Utah trust company, as the term "trust company" is defined in Section 
7-5-1
.
(f)
(i)
The trust instrument shall provide that neither the interest of the settlor, as 
beneficiary, nor the income or principal of the trust may be voluntarily or 
involuntarily transferred by the settlor, as beneficiary. 
(ii)
 The provision shall be considered to be a restriction on the transfer of the settlor's 
beneficial interest in the trust that is enforceable under applicable nonbankruptcy 
law within the meaning of 11 U.S.C. Sec. 541(c)(2).
(g)
The settlor may not have the ability under the trust instrument, without the consent of 
a person who has a substantial beneficial interest in the trust, which interest would be 
adversely affected by the exercise of the power held by the settlor:
(i)
to revoke, amend, or terminate all or any part of the trust; or
(ii)
to withdraw any property from the trust, except that the settlor, without the 
approval or consent of any person, may be given the power, under the trust 
agreement, to substitute assets of substantially equivalent value.
(h)
The trust instrument may not provide for any mandatory distributions of either 
income or principal to the settlor, as beneficiary, except as provided in Subsection 
(5)(g).
(i)
(i)
The trust instrument shall require that, at least 30 days before paying and 
delivering any distribution to the settlor, as beneficiary, the trustee notify in 
writing every person who has a domestic support obligation against the settlor.
(ii)
The trust instrument shall require that the notice state the date the distribution will 
be paid and delivered and the amount of the distribution.
(j)
At the time that the settlor transfers any assets to the trust, the settlor may not be in 
default of making a payment due under a domestic support obligation.
(k)
A transfer of assets to the trust may not render the settlor insolvent.
(l)
At the time the settlor transfers any assets to the trust, the settlor may not intend to 
hinder, delay, or defraud a known creditor by transferring the assets to the trust. A 
settlor's expressed intention to protect trust assets from the settlor's potential future 
creditors is not evidence of an intent to hinder, delay, or defraud a known creditor.
(m)
Assets transferred to the trust may not be derived from unlawful activities.
(nn)
(n)
With respect to each transfer of assets to the trust, the settlor shall sign a sworn 
affidavit stating that at the time of the transfer of the assets to the trust:
(i)
the settlor has full right, title, and authority to transfer the assets to the trust;
(ii)
the transfer of the assets to the trust will not render the settlor insolvent;
(iii)
the settlor does not intend to hinder, delay, or defraud a known creditor by 
transferring the assets to the trust;
(iv)
there is no pending or threatened court action against the settlor, except for a 
court action identified by the settlor on an attachment to the affidavit;
(v)
the settlor is not involved in an administrative proceeding that is reasonably 
expected to have a material adverse effect on the financial condition of the settlor, 
except an administrative proceeding identified on an attachment to the affidavit;
(vi)
at the time of the transfer of the assets to the trust, the settlor is not in default of a 
domestic support obligation;
(vii)
the settlor does not contemplate filing for relief under the provisions of United 
States Code, Title 11, Bankruptcy; and
(viii)
the assets being transferred to the trust were not derived from unlawful 
activities.
(4)
Failure to satisfy the requirements of Subsection (3) shall result in the consequences 
described in this Subsection (4).
(a)
If any requirement of Subsections (3)(b) through (g) is not satisfied, none of the 
property held in the trust will at any time have the benefit of the protections described 
in Subsection (1).
(b)
If the trustee does not send the notice required under Subsection 
(3)(g),
(3)(i)
 the 
court may authorize any person with a domestic support obligation against the settlor 
to whom notice was not sent to attach the distribution or future distributions, but the 
person may not:
(i)
satisfy a claim or liability in either law or equity out of the settlor's transfer to the 
trust or the settlor's beneficial interest in the trust; or
(ii)
force or require the trustee to make a distribution to the settlor, as beneficiary.
(c)
If any requirement described in Subsections (3)(i) through (l) is not satisfied, the 
property transferred to the trust that does not satisfy the requirement may not have 
the benefit of the protections described in Subsection (1).
(d)
If the requirement described in Subsection (3)(h) is not satisfied, the property 
transferred to the trust that does not satisfy the requirement does not have the benefit 
of the protections described in Subsection (1) with respect to any person with a 
domestic support obligation.
(e)
A creditor of the settlor has the burden of proving that the requirement in Subsection 
(3)(i) or (j) is not satisfied by clear and convincing evidence.
(5)
The provisions of Subsection (1) may apply to a trust even if:
(a)
the settlor serves as a cotrustee or as an advisor to the trustee, except that the settlor 
may not determine whether a discretionary distribution will be made;
(b)
the settlor participates in a determination regarding whether a discretionary 
distribution is made to the settlor by:
(i)
requesting a distribution from the trust;
(ii)
consulting with the trustees regarding whether a discretionary distribution will be 
made;
(iii)
exercising a right to consent to or veto the distribution under a power described 
in Subsection (5)(e);
(iv)
signing documentation in the settlor's capacity as a cotrustee that implements a 
distribution when the other trustees use discretionary power to independently 
authorize a distribution; or
(v)
participating in an action authorizing a distribution if the other trustees can 
authorize the distribution without the settlor's participation.
(c)
the settlor has the authority under the terms of the trust instrument to appoint a 
nonsubordinate advisor or a trust protector who can remove and appoint trustees and 
who can direct, consent to, or disapprove distributions;
(d)
the settlor has the power under the terms of the trust instrument to serve as an 
investment director or to appoint an investment director under Section 
75-7-906
;
(e)
the trust instrument gives the settlor the power to consent to or veto a distribution 
from the trust;
(f)
the trust instrument gives the settlor an inter vivos or a testamentary nongeneral 
power of appointment or similar power;
(g)
the trust instrument gives the settlor the right to receive the following types of 
distributions:
(i)
income, principal, or both in the discretion of a person, including a trustee, other 
than the settlor;
(ii)
principal, subject to an ascertainable standard set forth in the trust;
(iii)
income or principal from a charitable remainder annuity trust or charitable 
remainder unitrust, as defined in 26 U.S.C. Sec. 664;
(iv)
a percentage of the value of the trust each year as determined under the trust 
instrument, but not exceeding the amount that may be defined as income under 26 
U.S.C. Sec. 643(b);
(v)
the transferor's potential or actual use of real property held under a qualified 
personal residence trust, or potential or actual possession of a qualified annuity 
interest, within the meaning of 26 U.S.C. Sec. 2702 and the accompanying 
regulations;
(vi)
income or principal from a grantor retained annuity trust or grantor retained 
unitrust that is allowed under 26 U.S.C. Sec. 2702; and
(vii)
income from a trust intended to qualify for the federal estate tax or gift tax 
marital deduction under 26 U.S.C. Sec. 2056(b)(7) or 2523(f);
(h)
the trust instrument authorizes the settlor to use real or personal property owned by 
the trust; or
(i)
with respect to the property held in the trust, the settlor may:
(i)
give a personal guarantee on a debt or obligation secured by the property;
(ii)
make payments, directly or indirectly, on a debt or obligation secured by the 
property;
(iii)
pay property taxes, casualty and liability insurance premiums, homeowner 
association dues, maintenance expenses, or other similar expenses on the property; 
or
(iv)
pay income tax on income attributable to the portion of property held in the trust, 
of which the settlor is considered to be the owner under 26 U.S.C. Secs. 671 
through 678, which payments will not be considered additional transfers to the 
trust for purposes of this section.
(6)
(a)
If a trust instrument contains the provisions described in Subsections (3)(b) 
through (g), the transfer restrictions prevent a creditor or other person from asserting 
any cause of action or claim for relief against a trustee of the trust or against others 
involved in the counseling, drafting, preparation, execution, or funding of the trust 
for conspiracy to commit fraudulent conveyance or another voidable transfer, aiding 
and abetting a fraudulent conveyance or another voidable transfer, participation in the 
trust transaction, or similar cause of action or claim for relief. 
(b)
 For purposes of this Subsection (6), counseling, drafting, preparation, execution, or 
funding of the trust includes the preparation and funding of a limited partnership, a 
limited liability company, or other entity if interests in the entity are subsequently 
transferred to the trust. 
(c)
 The creditor and other person prevented from asserting a cause of action or claim for 
relief may assert a cause of action against, and are limited to recourse against, only:
(i)
the trust and the trust assets; and
(ii)
the settlor, to the extent otherwise allowed in this section.
(7)
(a)
A cause of action or claim for relief under Subsection (3)(i) or (j) is a cause of 
action or claim for relief under Section 
25-6-202
 or 
25-6-203
.
(b)
Except as provided in Subsection (7)(a), a cause of action or claim for relief under 
this section is not a cause of action or claim for relief under Sections 
25-6-101
through 
25-6-407
.
(c)
Notwithstanding Section 
25-6-305
, a cause of action or claim for relief regarding a 
fraudulent conveyance or other voidable transfer of a settlor's assets under this 
section is extinguished unless the action is brought by a creditor of the settlor who 
was a creditor of the settlor before the assets in question were transferred to the trust 
and the action is brought within the earlier of:
(i)
the later of two years after the transfer is made, or one year after the transfer is or 
reasonably could have been discovered by the creditor if the creditor:
(A)
can demonstrate, by clear and convincing evidence, that the creditor asserted a 
specific claim against the settlor before the transfer; or
(B)
files another action, other than an action alleging a fraudulent conveyance or 
other voidable transfer against the settlor that asserts a claim based on an act or 
omission of the settlor that occurred before the transfer, and the action 
described in 
this 
Subsection (7)(c) is filed within two years after the transfer; or
(ii)
(A)
with respect to a creditor known to the settlor, 120 days after the date on 
which notice of the transfer is mailed to the creditor, which notice shall state 
the name and address of the settlor or the settlor's representative, the name and 
address of the trustee or the trustee's representative, and also describe the assets 
that were transferred, but does not need to state the value of those assets if the 
assets are other than cash, and which shall inform the creditor that the creditor 
is required to bring the creditor's cause of action or claim for relief against the 
settlor and the trustee within 120 days from the mailing of the notice or be 
forever barred; or
(B)
with respect to a creditor not known to the settlor, 120 days after the date on 
which notice of the transfer is first published in a newspaper of general 
circulation in the county in which the settlor then resides, or is published on a 
public legal notice website as defined in Section 
45-1-101
, which notice shall 
state the name of the settlor or the settlor's representative, the address of the 
settlor or the settlor's representative, the name of the trustee or the trustee's 
representative, the address of the trustee or the trustee's representative, and also 
describe the assets that were transferred, but does not need to state the value of 
those assets.
(8)
(a)
The notice required in Subsection (7)(c)(ii)(B) shall be published in accordance 
with the provisions of Section 
45-1-101
 for three consecutive weeks and inform 
creditors that they are required to bring a cause of action or claim for relief within 
120 days from the first publication of the notice or be forever barred.
(b)
Failure to give the notice required in Subsection (7)(c)(ii) to a creditor does not 
prevent the shortening of the limitations period under Subsection (7)(c)(ii) with 
respect to another creditor who properly received notice by mail or publication.
(9)
(a)
A trust is subject to this section if it is governed by Utah law, as provided in 
Section 
75-7-107
75B-2-107
, and if it otherwise meets the requirements of this 
section.
(b)
A court of this state has exclusive jurisdiction over an action or claim for relief that 
is based on a transfer of property to a trust that is the subject of this section.
(10)
(a)
With respect to a trust that is subject to this section, a claim brought by a creditor 
of a beneficiary who is not the settlor is subject to 
Section 
75-7-501
 et. seq
Chapter 
2, Part 5, Spendthrift and Discretionary Trusts
.
(b)
With respect to an irrevocable trust that is not subject to this section, a claim brought 
by a creditor of a beneficiary who is the settlor is subject to the provisions of 
Subsection 
75-7-505
(2)
75B-2-505(2)
.
(11)
If a provision in this section conflicts with a provision in Sections 
25-6-101
 through 
25-6-407
, the provision of this section shall supersede the conflicting provision in 
Sections 
25-6-101
 through 
25-6-407
.
(12)
Nothing in this section alters rights vested or created under this section before May 14, 
2019.
Section 74, Section 
75B-2-101
 is enacted to read:
2. UNIFORM TRUST CODE
1. General Provisions
75B-2-101
. Reserved.
Reserved.
Section 75, Section 
75B-2-102
, which is renumbered from Section 75-7-102 is renumbered 
and amended to read:
75-7-102
75B-2-102
. Scope.
This chapter applies to 
trusts as defined in Section 
75-1-201
a trust
.
Section 76, Section 
75B-2-103
, which is renumbered from Section 75-7-103 is renumbered 
and amended to read:
75-7-103
75B-2-103
. Definitions for chapter.
(1)
In
As used in
 this chapter:
(a)
(1)
"Action," with respect to an act of a trustee, includes a failure to act.
(b)
"Beneficiary" means a person that:
(i)
has a present or future beneficial interest in a trust, vested or contingent; or
(ii)
in a capacity other than that of trustee, holds a power of appointment over trust 
property.
(c)
(2)
"Charitable trust" means a trust, or portion of a trust, created for a charitable 
purpose described in Subsection 
75-7-405(1)
75B-2-405(1)
.
(d)
(3)
"Environmental law" means a federal, state, or local law, rule, regulation, or 
ordinance relating to protection of the environment.
(e)
(4)
"Interests of the beneficiaries" means the beneficial interests provided in the terms 
of the trust.
(f)
(5)
"Jurisdiction," with respect to a geographic area, includes a state or country.
(g)
(6)
"Power of withdrawal" means a presently exercisable general power of 
appointment other than a power exercisable only upon consent of the trustee or a person 
holding an adverse interest.
(7)
"Proceeding" means the same as that term is defined in Section 
75-1-201
.
(h)
(8)
"Qualified beneficiary" means a beneficiary who, on the date the beneficiary's 
qualification is determined:
(i)
(a)
is a current distributee or permissible distributee of trust income or principal; or
(ii)
(b)
would be a distributee or permissible distributee of trust income or principal if 
the trust terminated on that date.
(i)
(9)
"Resident estate" or "resident trust"means:
(i)
(a)
an estate of a decedent who at death was domiciled in this state;
(ii)
(b)
a trust, or a portion of a trust, consisting of property transferred by will of a 
decedent who at 
his
the time of the decedent's
 death was domiciled in this state; or
(iii)
(c)
a trust administered in this state.
(j)
(10)
"Revocable," as applied to a trust, means revocable by the settlor without the 
consent of the trustee or a person holding an adverse interest.
(k)
"Settlor" means a person, including a testator, who creates, or contributes property 
to, a trust. If more than one person creates or contributes property to a trust, each 
person is a settlor of the portion of the trust property attributable to that person's 
contribution except to the extent another person has the power to revoke or withdraw 
that portion.
(l)
(11)
"Spendthrift provision" means a term of a trust which restrains both voluntary and 
involuntary transfer or encumbrance of a beneficiary's interest.
(m)
(12)
"Terms of a trust" means:
(i)
(a)
except as otherwise provided in Subsection 
(1)(m)(ii)
(12)(b)
, the manifestation 
of the settlor's intent regarding a trust's provisions as:
(A)
(i)
expressed in the trust instrument; or
(B)
(ii)
established by other evidence that would be admissible in a judicial 
proceeding;
 or
(ii)
(b)
the trust's provisions as established, determined, or amended by:
(A)
(i)
a trustee or trust director in accordance with the applicable law;
(B)
(ii)
court order; or
(C)
(iii)
a nonjudicial settlement agreement under Section 
75-7-110
75B-2-110
.
(n)
"Trust instrument" means an instrument executed by the settlor that contains terms 
of the trust, including any amendments thereto.
(2)
Terms not specifically defined in this section have the meanings provided in Section 
75-1-201
.
Section 77, Section 
75B-2-104
, which is renumbered from Section 75-7-104 is renumbered 
and amended to read:
75-7-104
75B-2-104
. Knowledge.
(1)
Subject to Subsection 
(2)
, a person has knowledge of a fact if the person:
(a)
has actual knowledge of 
it
the fact
;
(b)
has received a notice or notification of 
it
the fact
; or
(c)
from all the facts and circumstances known to the person at the time in question, has 
reason to know 
it
the fact
.
(2)
(a)
An organization that conducts activities through employees has notice or 
knowledge of a fact involving a trust only from the time the information was received 
by an employee having responsibility to act for the trust, or would have been brought 
to the employee's attention if the organization had exercised reasonable diligence. 
(b)
An organization exercises reasonable diligence if 
it
the organization
 maintains 
reasonable routines for communicating significant information to the employee 
having responsibility to act for the trust and there is reasonable compliance with the 
routines. 
(c)
Reasonable diligence does not require an employee of the organization to 
communicate information unless the communication is part of the individual's regular 
duties or the individual knows a matter involving the trust would be materially 
affected by the information.
Section 78, Section 
75B-2-105
, which is renumbered from Section 75-7-105 is renumbered 
and amended to read:
75-7-105
75B-2-105
. Default and mandatory rules.
(1)
Except as otherwise provided in the terms of the trust, this chapter governs the duties 
and powers of a trustee, relations among trustees, and the rights and interests of a 
beneficiary.
(2)
Except as specifically provided in this chapter, the terms of a trust prevail over any 
provision of this chapter except:
(a)
the requirements for creating a trust;
(b)
subject to Sections 
75-12-109
, 
75-12-111
, and 
75-12-112
75B-3-109
, 
75B-3-111
, 
and 
75B-3-112
, the duty of a trustee to act in good faith and in accordance with the 
purposes of the trust;
(c)
the requirement that a trust and the terms of the trust be for the benefit of the trust's 
beneficiaries;
(d)
the power of the court to modify or terminate a trust under Sections 
75-7-410
through 
75-7-416
75B-2-410
 through 
75B-2-416
;
(e)
the effect of a spendthrift provision, 
Section 
75B-1-302
an asset protection trust 
described in Chapter 1, Part 3, Asset Protection Trust
, and the rights of certain 
creditors and assignees to reach a trust as provided in Part 5, 
Creditor's Claims - 
Spendthrift and Discretionary Trusts;
(f)
the power of the court under Section 
75-7-702
75B-2-702
 to require, dispense with, 
or modify or terminate a bond;
(g)
the effect of an exculpatory term under Section 
75-7-1008
75B-2-1008
;
(h)
the rights under Sections 
75-7-1010
 through 
75-7-1013
75B-2-1010
 through 
75B-2-1013
 of a person other than a trustee or beneficiary;
(i)
periods of limitation for commencing a judicial proceeding; and
(j)
the jurisdiction and venue requirements for an action involving a trust as described in 
Sections 
75-7-203
 and 
75-7-205
75B-2-203
 and 
75B-2-205
.
Section 79, Section 
75B-2-106
, which is renumbered from Section 75-7-106 is renumbered 
and amended to read:
75-7-106
75B-2-106
. Common law of trusts -- Principles of equity.
The common law of trusts and principles of equity supplement this chapter, except to the 
extent modified by this chapter or laws of this state.
Section 80, Section 
75B-2-107
, which is renumbered from Section 75-7-107 is renumbered 
and amended to read:
75-7-107
75B-2-107
. Governing law.
(1)
As used in this section:
(a)
"Foreign trust" means a trust that is created in another state or country and valid in 
the state or country in which the trust is created.
(b)
"State law provision" means a provision that the laws of a named state govern the 
validity, construction, and administration of a trust.
(2)
If a trust has a state law provision specifying this state, the validity, construction, and 
administration of the trust are to be governed by the laws of this state if any 
administration of the trust is done in this state.
(3)
For all trusts created on or after December 31, 2003, if a trust does not have a state law 
provision, the validity, construction, and administration of the trust are to be governed 
by the laws of this state if the trust is administered in this state.
(4)
A trust shall be considered to be administered in this state if:
(a)
the trust states that this state is the place of administration, and any administration of 
the trust is done in this state; or
(b)
the place of business where the fiduciary transacts a major portion of 
its
the 
fiduciary's
 administration of the trust is in this state.
(5)
If a foreign trust is administered in this state as provided in this section, the following 
provisions are effective and enforceable under the laws of this state:
(a)
a provision in the trust that restricts the transfer of trust assets in a manner similar to 
Section 
75B-1-302
;
(b)
a provision that allows the trust to be perpetual; or
(c)
a provision that is not expressly prohibited by the law of this state.
(6)
A foreign trust that moves 
its
the foreign trust's
 administration to this state is valid 
whether or not the trust complied with the laws of this state at the time of the trust's 
creation or after the trust's creation.
(7)
Unless otherwise designated in the trust instrument, a trust is administered in this state if 
it
the trust
 meets the requirements of Subsection (4).
Section 81, Section 
75B-2-108
, which is renumbered from Section 75-7-108 is renumbered 
and amended to read:
75-7-108
75B-2-108
. Principal place of administration.
(1)
Without precluding other means for establishing a sufficient connection with the 
designated jurisdiction, 
the 
terms of a trust designating the principal place of 
administration are valid and controlling if:
(a)
a trustee's principal place of business is located in or a trustee is a resident of the 
designated jurisdiction; or
(b)
all or part of the administration occurs in the designated jurisdiction.
(2)
A trustee is under a continuing duty to administer the trust at a place appropriate to 
its
the trust's
 purposes, 
its
the trust's
 administration, and the interests of the beneficiaries.
(3)
Without precluding the right of the court to order, approve, or disapprove a transfer, the 
trustee, in furtherance of the duty prescribed by Subsection 
(2)
, may transfer the trust's 
principal place of administration to another state or to a jurisdiction outside of the 
United States.
(4)
(a)
The trustee shall notify the qualified beneficiaries of a proposed transfer of a 
trust's principal place of administration not less than 60 days before initiating the 
transfer. 
(b)
The notice of proposed transfer must include:
(a)
(i)
the name of the jurisdiction to which the principal place of administration is 
to be transferred;
(b)
(ii)
the address and telephone number at the new location at which the trustee 
can be contacted;
(c)
(iii)
an explanation of the reasons for the proposed transfer;
(d)
(iv)
the date on which the proposed transfer is anticipated to occur; and
(e)
(v)
the date, not less than 60 days after the giving of the notice, by which the 
qualified beneficiary must notify the trustee of an objection to the proposed 
transfer.
(5)
The authority of a trustee under this section to transfer a trust's principal place of 
administration terminates if a qualified beneficiary notifies the trustee of an objection to 
the proposed transfer on or before the date specified in the notice.
(6)
In connection with a transfer of the trust's principal place of administration, the trustee 
may transfer some or all of the trust property to a successor trustee designated in the 
terms of the trust or appointed 
pursuant to Section 
75-7-704
in accordance with Section 
75B-2-704
.
Section 82, Section 
75B-2-109
, which is renumbered from Section 75-7-109 is renumbered 
and amended to read:
75-7-109
75B-2-109
. Methods and waiver of notice.
(1)
(a)
Notice to a person under this chapter or the sending of a document to a person 
under this chapter must be accomplished in a manner reasonably suitable under the 
circumstances and likely to result in receipt of the notice or document. 
(b)
Permissible methods of notice or for sending a document include first-class mail, 
personal delivery, delivery to the person's last known place of residence or place of 
business, or a properly directed electronic message.
(2)
Notice under this chapter or the sending of a document under this chapter may be 
waived by the person to be notified or sent the document.
(3)
Notice of a judicial proceeding must be given 
as provided in the applicable rules of 
civil procedure
in accordance with the Utah Rules of Civil Procedure
.
Section 83, Section 
75B-2-110
, which is renumbered from Section 75-7-110 is renumbered 
and amended to read:
75-7-110
75B-2-110
. Nonjudicial settlement agreements.
(1)
For purposes of 
As used in 
this section, 
"interested persons" means persons
"interested person" means a person
 whose consent would be required in order to achieve 
a binding settlement were the settlement to be approved by the court.
(2)
Except as otherwise provided in Subsection 
(3)
, 
interested persons
an interested person
may enter into a binding nonjudicial settlement agreement with respect to any matter 
involving a trust.
(3)
A nonjudicial settlement agreement is valid only to the extent 
it
that the nonjudicial 
settlement agreement
 does not violate a material purpose of the trust and includes terms 
and conditions that could be properly approved by the court under this chapter or other 
applicable law.
(4)
Matters that may be resolved by a nonjudicial settlement agreement include:
(a)
the interpretation or construction of the terms of the trust;
(b)
the approval of a trustee's report or accounting;
(c)
direction to a trustee to refrain from performing a particular act or the grant to a 
trustee of any necessary or desirable power;
(d)
the resignation or appointment of a trustee and the determination of a trustee's 
compensation;
(e)
transfer of a trust's principal place of administration; and
(f)
liability of a trustee for an action relating to the trust.
(5)
Any interested person may request the court to approve a nonjudicial settlement 
agreement, to determine whether the representation as provided in 
Part 3, Representation
, 
was adequate, and to determine whether the agreement contains terms and conditions the 
court could have properly approved.
Section 84, Section 
75B-2-111
, which is renumbered from Section 75-7-111 is renumbered 
and amended to read:
75-7-111
75B-2-111
. Rules of construction.
The rules of construction that apply to the interpretation of and disposition of property 
by will or other governing instrument
, as defined in Section 
75-1-201
,
 also apply as 
appropriate to the interpretation of the terms of a trust and the disposition of the trust property.
Section 85, Section 
75B-2-112
, which is renumbered from Section 75-7-112 is renumbered 
and amended to read:
75-7-112
75B-2-112
. Penalty provisions.
A provision in a trust instrument purporting to penalize a beneficiary by charging the 
beneficiary's interest in the trust, or to penalize the beneficiary in another manner, for 
instituting a proceeding to challenge the acts of the trustee or other fiduciary of a trust, or for 
instituting other proceedings relating to the trust is unenforceable if probable cause exists for 
instituting the proceedings.
Section 86, Section 
75B-2-113
, which is renumbered from Section 75-7-1201 is renumbered 
and amended to read:
75-7-1201
75B-2-113
. Foreign trustees.
(1)
A foreign corporate trustee is required to qualify as a foreign corporation doing business 
in this state if 
it
the foreign corporate trustee
 maintains the principal place of 
administration of any trust within the state.
(2)
A foreign corporate cotrustee is not required to qualify in this state solely because 
its
the other foreign corporate
 cotrustee maintains the principal place of administration in 
this state.
(3)
Unless otherwise doing business in this state, local qualification by a foreign corporate 
trustee is not required in order for the trustee to receive distribution from a local estate or 
to hold, invest in, manage, or acquire property located in this state, or maintain litigation 
if the state of the principal place of business of the foreign corporate trustee provides 
substantially similar provisions applicable to trustees from this state.
(4)
Local qualification by a foreign trustee other than a corporation is not required in order 
for the trustee to receive distribution from a local estate or to hold, invest in, manage, or 
acquire property located in this state or maintain litigation.
(5)
Nothing in this section affects a determination of what other acts require qualification as 
doing business in this state.
Section 87, Section 
75B-2-201
, which is renumbered from Section 75-7-201 is renumbered 
and amended to read:
2. Jurisdiction and Venue for Trusts
75-7-201
75B-2-201
. Court -- Exclusive jurisdiction of trusts.
(1)
(a)
The court has exclusive jurisdiction 
of proceedings initiated by interested parties
over proceedings initiated by an interested party
 concerning the internal affairs of 
trusts.
(b)
Proceedings which may be maintained under this section are those concerning
An 
interested party may bring proceedings under Subsection 
(1)
(a) concerning
:
(i)
the administration and distribution of trusts;
(ii)
the declaration of rights; and
(iii)
the determination of other matters involving trustees and beneficiaries of trusts. 
(c)
These include, but are not limited to proceedings
A proceeding under Subsection (1) 
includes a proceeding
 to:
(i)
appoint or remove a trustee;
(ii)
review a trustee's fees;
(iii)
review and settle interim or final accounts;
(iv)
ascertain beneficiaries;
(v)
determine any question arising in the administration or distribution of any trust, 
including questions of construction of trust instruments;
(vi)
instruct trustees;
(vii)
determine the existence or nonexistence of any immunity, power, privilege, 
duty, or right; 
and
or
(viii)
order transfer of administration of the trust to another state upon appropriate 
conditions as may be determined by the court or accept transfer of administration 
of a trust from another state to this state upon such conditions as may be imposed 
by the supervising court of the other state, unless the court in this state determines 
that these conditions are incompatible with its own rules and procedures.
(2)
(a)
A proceeding under this section does not result in continuing supervision by the 
court over the administration of the trust.
(b)
The management and distribution of a trust estate, submission of accounts and 
reports to beneficiaries, payment of trustee's fees and other obligations of a trust, 
acceptance and change of trusteeship, and other aspects of the administration of a 
trust shall proceed expeditiously consistent with the terms of the trust, free of judicial 
intervention and without order, approval or other action of any court, subject to the 
jurisdiction of the court as invoked by interested parties or as otherwise exercised as 
provided by law.
Section 88, Section 
75B-2-202
, which is renumbered from Section 75-7-202 is renumbered 
and amended to read:
75-7-202
75B-2-202
. Effect of administration in this state -- Consent to 
jurisdiction.
(1)
The trustee submits personally to the jurisdiction of the courts of this state regarding any 
matter involving the trust if 
the trustee acts as trustee of a trust administered in this 
state.
(2)
(a)
To the extent of the beneficial interests in a trust administered in this state, the 
beneficiaries of the trust are subject to the jurisdiction of the courts of this state 
regarding any matter involving the trust. 
(b)
By accepting a distribution from such a trust, the recipient submits personally to the 
jurisdiction of the courts of this state regarding any matter involving the trust.
(3)
By accepting the delegation of a trust function from the trustee of a trust administered in 
this state, the agent submits to the jurisdiction of the courts of this state regarding any 
matter involving the trust.
(4)
Unless otherwise designated in the trust instrument, a trust is administered in this state if 
it meets the requirements of Subsection 
75-7-107(4)
75B-2-107(4)
.
Section 89, Section 
75B-2-203
, which is renumbered from Section 75-7-203 is renumbered 
and amended to read:
75-7-203
75B-2-203
. Jurisdiction over an action involving a trust.
(1)
A court of this state has jurisdiction as described in Title 78A, Judiciary and Judicial 
Administration, over an action involving a trust.
(2)
This section does not preclude judicial or nonjudicial alternative dispute resolution.
Section 90, Section 
75B-2-204
, which is renumbered from Section 75-7-204 is renumbered 
and amended to read:
75-7-204
75B-2-204
. Trust proceedings -- Dismissal of matters relating to 
foreign trusts.
(1)
The court may not, over the objection of a party, entertain proceedings under Section 
75-7-201
75B-2-201
 involving a trust 
which
that
:
(a)
is under the continuing supervision of a foreign court;
(b)
is registered in another state; or
(c)
has a fiduciary which transacts a major portion of its trust administration in another 
state.
(2)
Notwithstanding Subsection 
(1)
, the court may entertain a proceeding regarding any 
matter involving a trust if:
(a)
all appropriate parties could not be bound by litigation in the courts of the other state; 
or
(b)
the interests of justice would be seriously impaired.
(3)
The court may condition a stay or dismissal of a proceeding on the consent of any party 
to the jurisdiction of the courts of another state, or the court may grant a continuance or 
enter any other appropriate order.
Section 91, Section 
75B-2-205
, which is renumbered from Section 75-7-205 is renumbered 
and amended to read:
75-7-205
75B-2-205
. Venue for an action involving a trust.
(1)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, and except as provided 
in Subsection (2), a person shall bring an action involving a trust
, if the action is 
brought in the district court,
 in:
(a)
the county in which the trust's principal place of administration is or will be located; 
or
(b)
if the trust is created by a will and the estate is not yet closed, the county in which 
the decedent's estate is being administered.
(2)
Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, and if a trust has no 
trustee, a person shall bring an action for the appointment of a trustee
, if the action is 
brought in the district court,
 in:
(a)
a county of this state in which a beneficiary resides;
(b)
a county in which any trust property is located; or
(c)
if the trust is created by a will, the county in which the decedent's estate was or is 
being administered.
(3)
This section does not apply to an action brought in the Business and Chancery Court.
Section 92, Section 
75B-2-301
, which is renumbered from Section 75-7-301 is renumbered 
and amended to read:
3. Representation
75-7-301
75B-2-301
. Basic effect.
(1)
Notice to a person who may represent and bind another person under this part has the 
same effect as if notice were given directly to the other person.
(2)
The consent of a person who may represent and bind another person under this part is 
binding on the person represented unless the person represented objects to the 
representation before the consent would otherwise have become effective.
(3)
Except as otherwise provided in 
Sections 
75-7-411
 and 
75B-1-302
Section 
75B-2-411
and Chapter 1, Part 3, Asset Protection Trust
, a person who under this part may 
represent a settlor who lacks capacity may receive notice and give a binding consent on 
the settlor's behalf.
Section 93, Section 
75B-2-302
, which is renumbered from Section 75-7-302 is renumbered 
and amended to read:
75-7-302
75B-2-302
. Representation by holder of general testamentary power 
of appointment.
To the extent there is no conflict of interest between the holder of a general testamentary 
power of appointment and the persons represented with respect to the particular question or 
dispute, the holder may represent and bind persons whose interests, as permissible appointees, 
takers in default, or otherwise, are subject to the power.
Section 94, Section 
75B-2-303
, which is renumbered from Section 75-7-303 is renumbered 
and amended to read:
75-7-303
75B-2-303
. Representation by fiduciaries and parents.
To the extent there is no conflict of interest between the representative and the person 
represented or among those being represented with respect to a particular question or dispute:
(1)
a conservator may represent and bind the protected person whose estate the conservator 
controls;
(2)
a guardian may represent and bind the ward if a conservator of the ward's estate has not 
been appointed;
(3)
an agent having authority to act with respect to the particular question or dispute may 
represent and bind the principal;
(4)
a trustee may represent and bind the beneficiaries of the trust;
(5)
a personal representative of a decedent's estate may represent and bind persons 
interested in the estate; and
(6)
a parent may represent and bind the parent's minor or unborn child if a conservator or 
guardian for the child has not been appointed.
Section 95, Section 
75B-2-304
, which is renumbered from Section 75-7-304 is renumbered 
and amended to read:
75-7-304
75B-2-304
. Representation by person having substantially identical 
interest.
Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person 
whose identity or location is unknown and not reasonably ascertainable, may be represented by 
and bound by another having a substantially identical interest with respect to the particular 
question or dispute, but only to the extent there is no conflict of interest between the 
representative and the person represented.
Section 96, Section 
75B-2-305
, which is renumbered from Section 75-7-305 is renumbered 
and amended to read:
75-7-305
75B-2-305
. Appointment of guardian ad litem or other representative.
(1)
(a)
If the court determines that an interest is not represented under this part, or that 
the otherwise available representation might be inadequate, the court may appoint a 
guardian ad litem or other representative to receive notice, give consent, and 
otherwise represent, bind, and act on behalf of a minor, incapacitated or protected 
person, or unborn individual, or a person whose identity or location is unknown. 
(b)
A guardian ad litem or other representative may be appointed to represent several 
persons or interests.
(2)
A guardian ad litem or other representative may act on behalf of the individual 
represented with respect to any matter arising under this chapter, whether or not a 
judicial proceeding concerning the trust is pending.
(3)
In making decisions, a guardian ad litem or other representative may consider general 
benefit accruing to the living members of the individual's family.
Section 97, Section 
75B-2-401
, which is renumbered from Section 75-7-401 is renumbered 
and amended to read:
4. Creation, Validity, Modification, and Termination of a Trust
75-7-401
75B-2-401
. Methods of creating trust.
(1)
A trust may be created by:
(a)
transfer of property to another person as trustee during the settlor's lifetime or by will 
or other disposition taking effect upon the settlor's death;
(b)
declaration by the owner of property that the owner holds identifiable property as 
trustee; or
(c)
exercise of a power of appointment in favor of a trustee.
(2)
(a)
A health savings account is established on the first day an individual is covered by 
a high deductible health plan, as defined in Section 223 of the Internal Revenue 
Code. 
(b)
The health savings account shall be opened with a trustee or custodian within the 
time prescribed by law, without extensions, for filing a federal income tax return for 
that year. 
(c)
A health savings account is established regardless of a transfer of cash or other 
property to the account and, unless required by the trustee or custodian, it is not 
necessary for any party to sign a health savings account trust or custodial agreement 
regarding the health savings account.
Section 98, Section 
75B-2-402
, which is renumbered from Section 75-7-402 is renumbered 
and amended to read:
75-7-402
75B-2-402
. Requirements for creation.
(1)
A trust is created only if:
(a)
the settlor has capacity to create a trust, which standard of capacity shall be the same 
as for a person to create a will;
(b)
the settlor indicates an intention to create the trust or a statute, judgment, or decree 
authorizes the creation of a trust;
(c)
the trust has a definite beneficiary or is:
(i)
a charitable trust;
(ii)
a trust for the care of an animal, as provided in Section 
75-2-1001
; or
(iii)
a trust for a noncharitable purpose, as provided in Section 
75-2-1001
;
(d)
the trustee has duties to perform; and
(e)
the same person is not the sole trustee and sole beneficiary.
(2)
A beneficiary is definite if the beneficiary can be ascertained now or in the future, 
subject to any applicable rule against perpetuities.
(3)
A power in a trustee to select a beneficiary from an indefinite class is valid. If the 
power is not exercised within a reasonable time, the power fails and the property subject 
to the power passes to the persons who would have taken the property had the power not 
been conferred.
Section 99, Section 
75B-2-403
, which is renumbered from Section 75-7-403 is renumbered 
and amended to read:
75-7-403
75B-2-403
. Trusts created in other jurisdictions.
A trust not created by will is validly created if its creation complies with the law of the 
jurisdiction in which the trust instrument was executed, or the law of the jurisdiction in which, 
at the time of creation:
(1)
the settlor was domiciled, had a place of abode, or was a national;
(2)
a trustee was domiciled or had a place of business; or
(3)
any trust property was located.
Section 100, Section 
75B-2-404
, which is renumbered from Section 75-7-404 is renumbered 
and amended to read:
75-7-404
75B-2-404
. Trust purposes.
(1)
A trust may be created only to the extent 
its
the trust's
 purposes are lawful, not 
contrary to public policy, and possible to achieve. 
(2)
A trust and 
its
the trust's
 terms must be for the benefit of 
its
the trust's
 beneficiaries.
Section 101, Section 
75B-2-405
, which is renumbered from Section 75-7-405 is renumbered 
and amended to read:
75-7-405
75B-2-405
. Charitable purposes -- Enforcement.
(1)
A charitable trust may be created for the relief of poverty, the advancement of education 
or religion, the promotion of health, governmental or municipal purposes, or other 
purposes the achievement of which is beneficial to the community.
(2)
(a)
If the terms of a charitable trust do not indicate a particular charitable purpose or 
beneficiary, the trustee, if authorized by the terms of the trust, or if not, the court may 
select one or more charitable purposes or beneficiaries. 
(b)
The selection must be consistent with the settlor's intention to the extent 
it
intent
 can 
be ascertained.
(3)
The settlor of a charitable trust, among others, may maintain a proceeding to enforce the 
trust.
Section 102, Section 
75B-2-406
, which is renumbered from Section 75-7-406 is renumbered 
and amended to read:
75-7-406
75B-2-406
. Creation of trust induced by fraud, duress, or undue 
influence.
A trust is void to the extent 
its
the trust's
 creation was induced by fraud, duress, or 
undue influence.
Section 103, Section 
75B-2-407
, which is renumbered from Section 75-7-407 is renumbered 
and amended to read:
75-7-407
75B-2-407
. Evidence of oral trust.
Except as required by a statute other than this chapter, a trust need not be evidenced by a 
trust instrument, but the creation of an oral trust and 
its
the trust's
 terms may be established 
only by clear and convincing evidence.
Section 104, Section 
75B-2-408
, which is renumbered from Section 75-7-408 is renumbered 
and amended to read:
75-7-408
75B-2-408
. Trust for care of animal.
A trust may be created to provide for the care of a pet or animal as provided in Section 
75-2-1001
.
Section 105, Section 
75B-2-409
, which is renumbered from Section 75-7-409 is renumbered 
and amended to read:
75-7-409
75B-2-409
. Noncharitable trust without ascertainable beneficiary.
A trust may be created for a noncharitable purpose without a definite or definitely 
ascertainable beneficiary or for a noncharitable but otherwise valid purpose to be selected by 
the trustee as provided in Section 
75-2-1001
.
Section 106, Section 
75B-2-410
, which is renumbered from Section 75-7-410 is renumbered 
and amended to read:
75-7-410
75B-2-410
. Modification or termination of trust -- Proceedings for 
approval or disapproval.
(1)
In addition to the methods of termination prescribed by Sections 
75-7-411
 through 
75-7-414
75B-2-411
 through 
78B-2-414
, a trust terminates to the extent the trust is 
revoked or expires pursuant to 
its
the trust's
 terms, no purpose of the trust remains to be 
achieved, or the purposes of the trust have become unlawful, contrary to public policy, 
or impossible to achieve.
(2)
(a)
A proceeding to approve or disapprove a proposed modification or termination 
under Sections 
75-7-411
 through 
75-7-416
75B-2-411
 through 
78B-2-416
, or trust 
combination or division under Section 
75-7-417
75B-2-417
, may be commenced by 
a trustee or qualified beneficiary, and a proceeding to approve or disapprove a 
proposed modification or termination under Section 
75-7-411
75B-2-411
 may be 
commenced by the settlor. 
(b)
The settlor of a charitable trust may maintain a proceeding to modify the trust under 
Section 
75-7-413
75B-2-413
.
Section 107, Section 
75B-2-411
, which is renumbered from Section 75-7-411 is renumbered 
and amended to read:
75-7-411
75B-2-411
. Modification or termination of noncharitable irrevocable 
trust by consent.
(1)
(a)
A noncharitable, irrevocable trust may be modified or terminated upon consent of 
the settlor and all beneficiaries, even if the modification or termination is inconsistent 
with a material purpose of the trust. 
(b)
A settlor's power to consent to a trust's termination may be exercised by an agent 
under a power of attorney only to the extent expressly authorized by the power of 
attorney or the terms of the trust, by the settlor's conservator with the approval of the 
court supervising the conservatorship if an agent is not so authorized, or by the 
settlor's guardian with the approval of the court supervising the guardianship if an 
agent is not so authorized and a conservator has not been appointed.
(2)
(a)
A noncharitable, irrevocable trust may be terminated upon consent of all of the 
beneficiaries if the court concludes that continuance of the trust is not necessary to 
achieve any material purpose of the trust. 
(b)
A noncharitable, irrevocable trust may be modified upon consent of all of the 
beneficiaries if the court concludes that modification is not inconsistent with a 
material purpose of the trust.
(3)
A spendthrift provision in the terms of the trust is not presumed to constitute a material 
purpose of the trust.
(4)
Upon termination of a trust under Subsection 
(1)
 or 
(2)
, the trustee shall distribute the 
trust property as agreed by the beneficiaries.
(5)
If not all of the beneficiaries consent to a proposed modification or termination of the 
trust under Subsection 
(1)
 or 
(2)
, the modification or termination may be approved by 
the court if the court is satisfied that:
(a)
if all of the beneficiaries had consented, the trust could have been modified or 
terminated under this section; and
(b)
the interests of a beneficiary who does not consent will be adequately protected.
Section 108, Section 
75B-2-412
, which is renumbered from Section 75-7-412 is renumbered 
and amended to read:
75-7-412
75B-2-412
. Modification or termination because of unanticipated 
circumstances or inability to administer trust effectively.
(1)
(a)
The court may modify the administrative or dispositive terms of a trust or 
terminate the trust if, because of circumstances not anticipated by the settlor, 
modification or termination will further the purposes of the trust. 
(b)
To the extent practicable, the modification must be made in accordance with the 
settlor's probable intention.
(2)
The court may modify the administrative terms of a trust if continuation of the trust on 
its
the trust's
 existing terms would be impracticable or wasteful or impair the trust's 
administration.
(3)
Upon termination of a trust under this section, the trustee shall distribute the trust 
property as directed by the court or otherwise in a manner consistent with the purposes 
of the trust.
Section 109, Section 
75B-2-413
, which is renumbered from Section 75-7-413 is renumbered 
and amended to read:
75-7-413
75B-2-413
. Cy pres.
(1)
Except as otherwise provided in Subsection 
(2)
, if a particular charitable purpose 
becomes unlawful, impracticable, impossible to achieve, or wasteful:
(a)
the trust does not fail, in whole or in part;
(b)
the trust property does not revert to the settlor or the settlor's successors in interest; 
and
(c)
the court may apply cy pres to modify or terminate the trust by directing that the trust 
property be applied or distributed, in whole or in part, in a manner consistent with the 
settlor's charitable purposes.
(2)
A provision in the terms of a charitable trust that would result in distribution of the trust 
property to a noncharitable beneficiary prevails over the power of the court under 
Subsection 
(1)
 to apply cy pres to modify or terminate the trust only if, when the 
provision takes effect:
(a)
the trust property is to revert to the settlor and the settlor is still living; or
(b)
fewer than 21 years have elapsed since the date of the trust's creation.
Section 110, Section 
75B-2-414
, which is renumbered from Section 75-7-414 is renumbered 
and amended to read:
75-7-414
75B-2-414
. Modification or termination of uneconomic trust.
(1)
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust 
property having a total value less than $100,000 may terminate the trust if the trustee 
concludes that the value of the trust property is insufficient to justify the cost of 
administration.
(2)
The court may modify or terminate a trust or remove the trustee and appoint a different 
trustee if it determines that the value of the trust property is insufficient to justify the 
cost of administration.
(3)
Upon termination of a trust under this section, the trustee shall distribute the trust 
property in a manner consistent with the purposes of the trust.
(4)
This section does not apply to an easement for conservation or preservation.
Section 111, Section 
75B-2-415
, which is renumbered from Section 75-7-415 is renumbered 
and amended to read:
75-7-415
75B-2-415
. Reformation to correct mistakes.
The court may reform the terms of a trust, even if unambiguous, to conform the terms to 
the settlor's intention if it is proved by clear and convincing evidence that both the settlor's 
intent and the terms of the trust were affected by a mistake of fact or law, whether in 
expression or inducement.
Section 112, Section 
75B-2-416
, which is renumbered from Section 75-7-416 is renumbered 
and amended to read:
75-7-416
75B-2-416
. Modification to achieve settlor's tax objectives.
(1)
To achieve the settlor's tax objectives, the court may modify the terms of a trust in 
order to achieve the settlor's tax objectives. 
(2)
The court may provide that the modification has retroactive effect.
Section 113, Section 
75B-2-417
, which is renumbered from Section 75-7-417 is renumbered 
and amended to read:
75-7-417
75B-2-417
. Combination and division of trusts.
After notice to the qualified beneficiaries, a trustee may combine two or more trusts into 
a single trust or divide a trust into two or more separate trusts
,
 if the result does not impair 
rights of any beneficiary or adversely affect achievement of the purposes of the trust.
Section 114, Section 
75B-2-501
, which is renumbered from Section 75-7-501 is renumbered 
and amended to read:
5. Spendthrift and Discretionary Trusts
75-7-501
75B-2-501
. Rights of beneficiary's creditor or assignee.
(1)
To the extent a beneficiary's interest is not protected by a spendthrift provision or 
Section 
75B-1-302
, the court may authorize a creditor or assignee of the beneficiary to 
reach the beneficiary's interest by attachment of present or future distributions to or for 
the benefit of the beneficiary or other means. 
(2)
The court may limit the award to relief as is appropriate under the circumstances.
Section 115, Section 
75B-2-502
, which is renumbered from Section 75-7-502 is renumbered 
and amended to read:
75-7-502
75B-2-502
. Spendthrift provisions for beneficiaries other than the 
settlor.
(1)
A spendthrift provision for a beneficiary other than the settlor is valid only if 
it
the 
spendthrift provision
 restrains both voluntary and involuntary transfer of a beneficiary's 
interest, even if the beneficiary is the trustee or cotrustee of the trust.
(2)
A term of a trust providing that the interest of a beneficiary other than the settlor is held 
subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both 
voluntary and involuntary transfer of the beneficiary's interest.
(3)
A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift 
provision and, except as otherwise provided in this part, a creditor or assignee of the 
beneficiary may not reach the interest or a distribution by the trustee before its receipt by 
the beneficiary.
Section 116, Section 
75B-2-503
, which is renumbered from Section 75-7-503 is renumbered 
and amended to read:
75-7-503
75B-2-503
. Exceptions to spendthrift provision.
(1)
As used in this section:
(a)
"Child" includes any person for whom an order or judgment for child support has 
been entered in this or another state.
(b)
"Civil accounts receivable" means the same as that term is defined in Section 
77-32b-102
.
(c)
"Civil restitution of judgment"
"Civil judgment of restitution"
 means the same as 
that term is defined in Section 
77-32b-102
.
(d)
"Restitution" means the same as that term is defined in Section 
77-38b-102
.
(e)
"Victim" means the same as that term is defined in Section 
77-38b-102
.
(2)
Even if a trust contains a spendthrift provision, the following persons may obtain an 
order from a court that attaches present or future distributions to the beneficiary:
(a)
a beneficiary's child who has a judgment or court order against the beneficiary for 
support or maintenance;
(b)
a judgment creditor who has provided services for the protection of a beneficiary's 
interest in the trust;
(c)
a victim who has a judgment requiring the beneficiary to pay restitution in 
accordance with 
Title 77, Chapter 38b, Crime Victims Restitution Act
, or similar 
provision in another state; or
(d)
the Office of State Debt Collection, created in Section 
63A-3-502
, for collecting 
payment on a civil accounts receivable or a civil judgment of restitution.
(3)
A spendthrift provision is unenforceable against a claim of this state or the United States 
to the extent a statute of this state or federal law so provides.
Section 117, Section 
75B-2-504
, which is renumbered from Section 75-7-504 is renumbered 
and amended to read:
75-7-504
75B-2-504
. Discretionary trusts -- Effect of standard.
(1)
In
As used in
 this section, "child" includes any person for whom an order or judgment 
for child support has been entered in this or another state.
(2)
Except as otherwise provided in Subsection 
(3)
, whether or not a trust contains a 
spendthrift provision, a creditor of a beneficiary may not compel a distribution that is 
subject to the trustee's discretion, even if:
(a)
the discretion is expressed in the form of a standard of distribution; or
(b)
the trustee has abused the discretion.
(3)
To the extent a trustee has not complied with a standard of distribution or has abused a 
discretion:
(a)
a distribution may be ordered by the court to satisfy a judgment or court order against 
the beneficiary for support or maintenance of the beneficiary's child, spouse, or 
former spouse; and
(b)
the court shall direct the trustee to pay to the child, spouse, or former spouse such 
amount as is equitable under the circumstances but not more than the amount the 
trustee would have been required to distribute to or for the benefit of the beneficiary 
had the trustee complied with the standard or not abused the discretion.
(4)
This section does not limit the right of a beneficiary to maintain a judicial proceeding 
against a trustee for an abuse of discretion or failure to comply with a standard for 
distribution.
Section 118, Section 
75B-2-505
, which is renumbered from Section 75-7-505 is renumbered 
and amended to read:
75-7-505
75B-2-505
. Creditor's claim against settlor.
Regardless of whether the terms of a trust contain a spendthrift provision, the following 
rules apply:
(1)
(a)
During the lifetime of the settlor, the property of a revocable trust is subject to the 
claims of the settlor's creditors. 
(b)
If a revocable trust has more than one settlor, the amount the creditor or assignee of a 
particular settlor may reach may not exceed the settlor's interest in the portion of the 
trust attributable to that settlor's contribution.
(2)
(a)
With respect to an irrevocable trust other than an irrevocable trust that meets the 
requirements of 
Section 
75B-1-302
Chapter 1, Part 3, Asset Protection Trust
, a 
creditor or assignee of the settlor may reach the maximum amount that can be 
distributed to or for the settlor's benefit.
(b)
With respect to an irrevocable trust that has more than one settlor, other than an 
irrevocable trust that meets the requirements of 
Section 
75B-1-302
Chapter 1, Part 
3, Asset Protection Trust
, the amount a creditor or assignee of a particular settlor may 
reach may not exceed the settlor's interest in the portion of the trust attributable to 
that settlor's contribution.
(c)
Notwithstanding Subsections (2)(a) and (b), a creditor of a settlor may not satisfy the 
creditor's claim from an irrevocable trust solely because the trustee may make a 
discretionary distribution reimbursing the settlor for income tax liability of the settlor 
attributable to the income of the irrevocable trust, when the distribution is:
(i)
subject to the discretion of a trustee who is not the settlor;
(ii)
subject to the consent of an advisor who is not the settlor; or
(iii)
at the direction of an advisor who is not the settlor.
(3)
After the death of a settlor, and subject to the settlor's right to direct the source from 
which liabilities will be paid, the property of a trust that was revocable at the settlor's 
death, but not property received by the trust as a result of the death of the settlor which 
is otherwise exempt from the claims of the settlor's creditors, is subject to claims of the 
settlor's creditors, costs of administration of the settlor's estate, the expenses of the 
settlor's funeral and disposal of remains, and statutory allowances to a surviving spouse 
and children to the extent the settlor's probate estate is inadequate to satisfy those claims, 
costs, expenses, and allowances.
Section 119, Section 
75B-2-506
, which is renumbered from Section 75-7-506 is renumbered 
and amended to read:
75-7-506
75B-2-506
. Overdue distribution.
Whether or not a trust contains a spendthrift provision, a creditor or assignee of a 
beneficiary may reach a mandatory distribution of income or principal, including a distribution 
upon termination of the trust, if the trustee has not made the distribution to the beneficiary 
within a reasonable time after the required distribution date.
Section 120, Section 
75B-2-507
, which is renumbered from Section 75-7-507 is renumbered 
and amended to read:
75-7-507
75B-2-507
. Personal obligations of trustee.
Trust property is not subject to personal obligations of the trustee, even if the trustee 
becomes insolvent or bankrupt.
Section 121, Section 
75B-2-508
, which is renumbered from Section 75-7-508 is renumbered 
and amended to read:
75-7-508
75B-2-508
. Notice to creditors.
(1)
(a)
A trustee for an inter vivos revocable trust, upon the death of the settlor, may 
publish a notice to creditors:
(i)
once a week for three successive weeks in a newspaper of general circulation in 
the county where the settlor resided at the time of death; and
(ii)
in accordance with Section 
45-1-101
 for three weeks.
(b)
The notice required by Subsection 
(1)(a)
 shall:
(i)
provide the trustee's name and address; and
(ii)
notify creditors:
(A)
of the deceased settlor; and
(B)
to present their claims within three months after the date of the first 
publication of the notice or be forever barred from presenting the claim.
(2)
(a)
A trustee shall give written notice by mail or other delivery to any known creditor 
of the deceased settlor, notifying the creditor to present the creditor's claim within 90 
days from the published notice if given as provided in Subsection 
(1)
 or within 60 
days from the mailing or other delivery of the notice, whichever is later, or be forever 
barred. 
(b)
Written notice shall be the notice described in Subsection 
(1)
 or a similar notice.
(3)
(a)
If the deceased settlor received medical assistance, as defined in Section 
26B-3-1001
, at any time after the age of 55, the trustee for an inter vivos revocable 
trust, upon the death of the settlor, shall mail or deliver written notice to the Director 
of the Office of Recovery Services, on behalf of the Department of Health and 
Human Services, to present any claim under Section 
26B-3-1013
 within 60 days from 
the mailing or other delivery of notice, whichever is later, or be forever barred.
(b)
If the trustee does not mail notice to the director of the Office of Recovery Services 
on behalf of the 
department
Department of Health and Human Services
 in 
accordance with Subsection 
(3)(a)
, the 
department
Department of Health and 
Human Services
 shall have one year from the death of the settlor to present 
its
the 
Department of Health and Human Services'
 claim.
(4)
The trustee is not liable to any creditor or to any successor of the deceased settlor for 
giving or failing to give notice under this section.
(5)
The notice to creditors shall be valid against any creditor of the trust and also against 
any creditor of the estate of the deceased settlor.
Section 122, Section 
75B-2-509
, which is renumbered from Section 75-7-509 is renumbered 
and amended to read:
75-7-509
75B-2-509
. Limitations on presentation of claims.
(1)
All claims against a deceased settlor which arose before the death of the deceased 
settlor, whether due or to become due, absolute or contingent, liquidated or unliquidated, 
founded on contract, tort, or other legal basis, if not barred earlier by other statute of 
limitations, are barred against the deceased settlor's estate, the trustee, the trust estate, 
and the beneficiaries of the deceased settlor's trust, unless presented within the earlier of 
the following:
(a)
one year after the settlor's death; or
(b)
the time provided by Subsection 
75-7-508(2)
75B-2-508(2)
 or 
(3)
 for creditors who 
are given actual notice, and where notice is published, within the time provided in 
Subsection 
75-7-508(1)
75B-2-508(1)
 for all claims barred by publication.
(2)
In all events, claims barred by the nonclaim statute at the deceased settlor's domicile are 
also barred in this state.
(3)
All claims against a deceased settlor's estate or trust estate which arise at or after the 
death of the settlor, whether due or to become due, absolute or contingent, liquidated or 
unliquidated, founded on contract, tort, or other legal basis are barred against the 
deceased settlor's estate, the trustee, the trust estate, and the beneficiaries of the deceased 
settlor, unless presented as follows:
(a)
a claim based on a contract with the trustee within three months after performance by 
the trustee is due; or
(b)
any other claim within the later of three months after 
it
the claim
 arises, or the time 
specified in Subsection 
(1)
.
(4)
Nothing in this section affects or prevents:
(a)
any proceeding to enforce any mortgage, pledge, or other lien upon property of the 
deceased settlor's estate or the trust estate;
(b)
to the limits of the insurance protection only, any proceeding to establish liability of 
the deceased settlor or the trustee for which 
he
the deceased settlor or trustee
 is 
protected by liability insurance;
(c)
collection of compensation for services rendered and reimbursement for expenses 
advanced by the trustee or by the attorney or accountant for the trustee of the trust 
estate; or
(d)
the right to recover medical assistance provided to the settlor under 
Title 26B, 
Chapter 3, Part 10, Medical Benefits Recovery
.
Section 123, Section 
75B-2-510
, which is renumbered from Section 75-7-510 is renumbered 
and amended to read:
75-7-510
75B-2-510
. Manner of presentation of claims.
(1)
Claims against a deceased settlor's estate or inter vivos revocable trust shall be 
presented as follows:
(a)
(i)
The claimant may deliver or mail to the trustee, or the trustee's attorney of 
record, a written statement of the claim indicating its basis, the name and address 
of the claimant, and the amount claimed. 
(ii)
The claim is considered presented upon the receipt of the written statement of 
claim by the trustee or the trustee's attorney of record. 
(iii)
If a claim is not yet due, the date when 
it
the claim
 will become due shall be 
stated. 
(iv)
If the claim is contingent or unliquidated, the nature of the uncertainty shall be 
stated. 
(v)
If the claim is secured, the security shall be described. 
(vi)
Failure to describe correctly the security, the nature of any uncertainty, and the 
due date of a claim not yet due does not invalidate the presentation made.
(b)
(i)
The claimant may commence a proceeding against the trustee in any court 
where the trustee may be subjected to jurisdiction to obtain payment of the claim 
against the deceased settlor's estate or the trust estate, but the commencement of 
the proceeding must occur within the time limited for presenting the claim. 
(ii)
 No presentation of claim is required in regard to matters claimed in proceedings 
against the deceased settlor which were pending at the time of the deceased 
settlor's death.
(2)
(a)
If a claim is presented under Subsection 
(1)(a)
, 
no proceeding thereon may
a 
proceeding may not
 be commenced more than 60 days after the trustee has mailed a 
notice of disallowance
; but,
.
(b)
Notwithstanding Subsection 
(2)(a)
,
 in the case of a claim which is not presently due 
or which is contingent or unliquidated, the trustee may consent to an extension of the 
60-day period, or to avoid injustice, the court, on petition, may order an extension of 
the 60-day period, 
but in no event may
except that
 the extension
 may not
 run beyond 
the applicable statute of limitations.
Section 124, Section 
75B-2-511
, which is renumbered from Section 75-7-511 is renumbered 
and amended to read:
75-7-511
75B-2-511
. Classification of claims.
(1)
If the applicable assets of the deceased settlor's estate or trust estate are insufficient to 
pay all claims in full, the trustee shall make payment in the following order:
(a)
reasonable funeral expenses;
(b)
costs and expenses of administration;
(c)
debts and taxes with preference under federal law;
(d)
reasonable and necessary medical and hospital expenses of the last illness of the 
deceased settlor, including compensation of persons attending the deceased settlor, 
and medical assistance if Section 
26B-3-1013
 applies;
(e)
debts and taxes with preference under other laws of this state; and
(f)
all other claims.
(2)
No preference shall be given in the payment of any claim over any other claim of the 
same class
, and a
.
(3)
A
 claim due and payable shall not be entitled to a preference over claims not due.
Section 125, Section 
75B-2-512
, which is renumbered from Section 75-7-512 is renumbered 
and amended to read:
75-7-512
75B-2-512
. Allowance of claims.
(1)
(a)
As to claims presented in the manner described in Section 
75-7-510
75B-2-510
and within the time limit prescribed in Section 
75-7-509
75B-2-509
, the trustee may 
mail a notice to any claimant stating that the claim has been allowed or disallowed. 
(b)
If, after allowing or disallowing a claim, the trustee changes the decision concerning 
the claim, the trustee shall notify the claimant. 
(c)
The trustee may not change a disallowance of a claim after the time for the claimant 
to file a petition for allowance or to commence a proceeding on the claim has expired 
and the claim has been barred. 
(d)
If the notice of disallowance warns the claimant of the impending bar, a claim which 
is disallowed in whole or in part by the trustee is barred so far as not allowed, unless 
the claimant seeks a court-ordered allowance by filing a petition for allowance in the 
court or by commencing a proceeding against the trustee not later than 60 days after 
the mailing of the notice of disallowance or partial allowance. 
(e)
If the trustee fails to mail notice to a claimant of action on the claim within 60 days 
after the time for original presentation of the claim has expired, this failure has the 
effect of a notice of allowance.
(2)
(a)
Upon the petition of the trustee or a claimant in a proceeding for this purpose, the 
court may order any claim presented to the trustee or trustee's attorney in a timely 
manner and not barred by Subsection 
(1)
 to be allowed in whole or in part. 
(b)
Notice of this proceeding shall be given to the claimant, the trustee, and those other 
persons interested in the trust estate as the court may direct by order at the time the 
proceeding is commenced.
(3)
A judgment in a proceeding in another court against the trustee to enforce a claim 
against a deceased settlor's estate is a court-ordered allowance of the claim.
(4)
Unless otherwise provided in any judgment in another court entered against a trustee, 
allowed claims bear interest at the legal rate for the period commencing six months after 
the deceased settlor's date of death unless based on a contract making a provision for 
interest, in which case they bear interest in accordance with that provision.
Section 126, Section 
75B-2-513
, which is renumbered from Section 75-7-513 is renumbered 
and amended to read:
75-7-513
75B-2-513
. Payment of claims.
(1)
(a)
Upon the expiration of the earliest of the time limitations provided in Section 
75-7-509
75B-2-509
 for the presentation of claims, the trustee shall pay the claims 
allowed against the deceased settlor's estate in the order of priority prescribed, after 
making provision for claims already presented which have not yet been allowed or 
whose allowance has been appealed, and for unbarred claims which may yet be 
presented, including costs and expenses of administration. 
(b)
By petition to the court in a proceeding for that purpose, a claimant whose claim has 
been allowed but not paid as provided in this section may secure an order directing 
the trustee to pay the claim to the extent that funds of the deceased settlor's estate or 
trust estate are available for the payment.
(2)
The trustee at any time may pay any just claim that has not been barred, with or without 
formal presentation, but the trustee shall be personally liable to any other claimant 
whose claim is allowed and who is injured by the payment if:
(a)
the payment was made before the expiration of the time limit stated in Subsection 
(1)
and the trustee failed to require the payee to give adequate security for the refund of 
any of the payment necessary to pay other claimants; or
(b)
the payment was made, due to the negligence or willful fault of the trustee, in a way 
that deprived the injured claimant of his priority.
Section 127, Section 
75B-2-514
, which is renumbered from Section 75-7-514 is renumbered 
and amended to read:
75-7-514
75B-2-514
. Secured claims.
Payment of a secured claim shall be upon the basis of the amount allowed if the creditor 
surrenders 
his
the creditor's
 security
;
,
 but otherwise payment shall be based upon one of the 
following:
(1)
if the creditor exhausts 
his
the creditor's
 security before receiving payment, unless 
precluded by another provision of the law, upon the amount of the claim allowed less the 
fair value of the security; or
(2)
if the creditor does not have the right to exhaust 
his
the creditor's
 security or has not 
done so, upon the amount of the claim allowed less the value of the security determined 
by converting 
it
the security
 into money according to the terms of the agreement 
pursuant to which the security was delivered to the creditor, or by the creditor and 
trustee by agreement, arbitration, compromise, or litigation.
Section 128, Section 
75B-2-515
, which is renumbered from Section 75-7-515 is renumbered 
and amended to read:
75-7-515
75B-2-515
. Claims not due and contingent or unliquidated claims.
(1)
If a claim which will become due at a future time or a contingent or unliquidated claim 
becomes due or certain before the distribution of the trust estate, and if the claim has 
been allowed or established by a proceeding, 
it
the claim
 shall be paid in the same 
manner as presently due and absolute claims of the same class.
(2)
In other cases the trustee, or, on petition of the trustee or the claimant in a special 
proceeding for that purpose, the court, may provide for payment as follows:
(a)
if the claimant consents, 
he
the claimant
 may be paid the present or agreed value of 
the claim, taking any uncertainty into account; or
(b)
arrangement for future payment, or possible payment, on the happening of the 
contingency or on liquidation may be made by creating a trust, giving a mortgage, 
obtaining a bond or security from a beneficiary, or otherwise.
Section 129, Section 
75B-2-516
, which is renumbered from Section 75-7-516 is renumbered 
and amended to read:
75-7-516
75B-2-516
. Counterclaims.
(1)
(a)
In allowing a claim, the trustee may deduct any counterclaim which the deceased 
settlor's estate has against the claimant. 
(b)
In determining a claim against a deceased settlor's estate, a court shall reduce the 
amount allowed by the amount of any counterclaims and, if the counterclaims exceed 
the claim, render a judgment against the claimant in the amount of the excess.
(2)
A counterclaim, liquidated or unliquidated, may arise from a transaction other than that 
upon which the claim is based.
(3)
A counterclaim may give rise to relief exceeding in amount or different in kind from 
that sought in the claim.
Section 130, Section 
75B-2-517
, which is renumbered from Section 75-7-517 is renumbered 
and amended to read:
75-7-517
75B-2-517
. Execution and levies prohibited.
(1)
No execution may issue upon nor may any levy be made against any property of the 
deceased settlor's estate under any judgment against a deceased settlor or a trustee.
(2)
This section may not be construed to prevent the enforcement of mortgages, pledges, or 
liens upon real or personal property in an appropriate proceeding.
Section 131, Section 
75B-2-518
, which is renumbered from Section 75-7-518 is renumbered 
and amended to read:
75-7-518
75B-2-518
. Compromise of claims.
When a claim against a deceased settlor's estate has been presented in any manner, the 
trustee may, if 
it
the claim
 appears in the best interest of the deceased settlor's estate, 
compromise the claim, whether due or not due, absolute or contingent, liquidated or 
unliquidated.
Section 132, Section 
75B-2-519
, which is renumbered from Section 75-7-519 is renumbered 
and amended to read:
75-7-519
75B-2-519
. Encumbered assets.
(1)
If any assets of the deceased settlor's estate are encumbered by mortgage, pledge, lien, 
or other security interest, the trustee may pay the encumbrance or any part thereof, 
renew or extend any obligation secured by the encumbrance, or convey or transfer the 
assets to the creditor in satisfaction of 
his
the creditor's
 lien, in whole or in part, 
whether or not the holder of the encumbrance has presented a claim, if it appears to be in 
the best interest of the deceased settlor's estate.
(2)
Payment of an encumbrance does not increase the share of the beneficiary entitled to the 
encumbered assets unless the beneficiary is entitled to exoneration or unless the terms of 
the deceased settlor's trust, under which the beneficiary is entitled to the encumbered 
assets, provides otherwise.
Section 133, Section 
75B-2-601
, which is renumbered from Section 75-7-604 is renumbered 
and amended to read:
6. Revocable Trust
75-7-604
75B-2-601
. Capacity of settlor of revocable trust.
The capacity required to create, amend, revoke, or add property to a revocable trust, or 
to direct the actions of the trustee of a revocable trust, is the same as that required to make a 
will.
Section 134, Section 
75B-2-602
, which is renumbered from Section 75-7-605 is renumbered 
and amended to read:
75-7-605
75B-2-602
. Revocation or amendment of revocable trust.
(1)
(a)
Unless the terms of a trust expressly provide that the trust is irrevocable, the 
settlor may revoke or amend the trust. 
(b)
This Subsection 
(1)
 does not apply to a trust created under an instrument executed 
before May 1, 2004.
(2)
If a revocable trust is created or funded by more than one settlor:
(a)
to the extent the trust consists of community property, the trust may be revoked by 
either spouse acting alone but may be amended only by joint action of both spouses; 
and
(b)
to the extent the trust consists of property other than community property, each 
settlor may revoke or amend the trust with regard to the portion of the trust property 
attributable to that settlor's contribution.
(3)
The settlor may revoke or amend a revocable trust:
(a)
by substantially complying with a method provided in the terms of the trust; or
(b)
if the terms of the trust do not provide a method or the method provided in the terms 
is not expressly made exclusive, by:
(i)
executing a later will or codicil that expressly refers to the trust or specifically 
devises property that would otherwise have passed according to the terms of the 
trust; or
(ii)
any other method manifesting clear and convincing evidence of the settlor's intent.
(4)
Upon revocation of a revocable trust, the trustee shall deliver the trust property as the 
settlor directs.
(5)
A settlor's powers with respect to revocation, amendment, or distribution of trust 
property may be exercised by an agent under a power of attorney only to the extent 
expressly authorized by the terms of the trust or the power.
(6)
A conservator of the settlor or, if no conservator has been appointed, a guardian of the 
settlor may exercise a settlor's powers with respect to revocation, amendment, or 
distribution of trust property only with the approval of the court supervising the 
conservatorship or guardianship.
(7)
A trustee who does not know that a trust has been revoked or amended is not liable to 
the settlor or settlor's successors in interest for distributions made and other actions 
taken on the assumption that the trust had not been amended or revoked.
Section 135, Section 
75B-2-603
, which is renumbered from Section 75-7-606 is renumbered 
and amended to read:
75-7-606
75B-2-603
. Settlor's powers -- Powers of withdrawal.
(1)
(a)
To the extent a trust is revocable by a settlor, a trustee may follow a direction of 
the settlor that is contrary to the terms of the trust.
(b)
To the extent a trust is revocable by a settlor in conjunction with a person other than 
a trustee or a person holding an adverse interest, the trustee may follow a direction 
from the settlor and the other person holding the power to revoke even if the direction 
is contrary to the terms of the trust.
(2)
To the extent a trust is revocable and the settlor has capacity to revoke the trust, rights 
of the beneficiaries are subject to the control of, and the duties of the trustee are owed 
exclusively to, the settlor.
(3)
If a revocable trust has more than one settlor, the duties of the trustee are owed to all of 
the settlors having capacity to revoke the trust.
(4)
During the period the power may be exercised, the holder of a power of withdrawal has 
the rights of a settlor of a revocable trust under this section to the extent of the property 
subject to the power.
Section 136, Section 
75B-2-604
, which is renumbered from Section 75-7-607 is renumbered 
and amended to read:
75-7-607
75B-2-604
. Limitation on action contesting validity of revocable trust 
-- Distribution of trust property.
(1)
A person shall commence a judicial proceeding to contest the validity of a trust that was 
revocable at the settlor's death within the earlier of:
(a)
three years after the settlor's death; or
(b)
90 days after the trustee sent the person a copy of the trust instrument and a notice 
informing the person of the trust's existence, of the trustee's name and address, and of 
the time allowed for commencing a proceeding.
(2)
(a)
Upon the death of the settlor of a trust that was revocable at the settlor's death, the 
trustee may proceed to distribute the trust property in accordance with the terms of 
the trust. 
(b)
The trustee is not subject to liability for doing so unless:
(a)
(i)
the trustee knows of a pending judicial proceeding contesting the validity of 
the trust; or
(b)
(ii)
a potential contestant has notified the trustee of a possible judicial 
proceeding to contest the trust and a judicial proceeding is commenced within 60 
days after the contestant sent the notification.
(3)
(a)
With respect to a potential contest, the trustee is only liable for actions taken two 
or more business days after the trustee has actual receipt of written notice from a 
potential contestant. 
(b)
The written notice shall include the name of the settlor or of the trust, the name of 
the potential contestant, and a description of the basis for the potential contest. 
(c)
The written notice shall be mailed to the trustee at the principal place of 
administration of the trust by registered or certified mail, return receipt requested, or 
served upon the trustee in the same manner as a summons in a civil action. 
(d)
Any other form or service of notice is not sufficient to impose liability on the trustee 
for actions taken pursuant to the terms of the trust.
(4)
A beneficiary of a trust that is determined to have been invalid is liable to return any 
distribution received.
Section 137, Section 
75B-2-701
, which is renumbered from Section 75-7-701 is renumbered 
and amended to read:
7. Office of Trustee
75-7-701
75B-2-701
. Accepting or declining trusteeship.
(1)
Except as otherwise provided in Subsection 
(3)
, a person designated as trustee accepts 
the trusteeship:
(a)
by substantially complying with a method of acceptance provided in the terms of the 
trust; or
(b)
if the terms of the trust do not provide a method or the method provided in the terms 
is not expressly made exclusive, by accepting delivery of the trust property, 
exercising powers or performing duties as trustee, or otherwise indicating acceptance 
of the trusteeship.
(2)
(a)
A person designated as trustee who has not yet accepted the trusteeship may reject 
the trusteeship. 
(b)
A designated trustee who does not accept the trusteeship within a reasonable time 
after knowing of the designation is considered to have rejected the trusteeship.
(3)
A person designated as trustee, without accepting the trusteeship, may:
(a)
act to preserve the trust property if, within a reasonable time after acting, the person 
sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks 
capacity, to a qualified beneficiary; and
(b)
inspect or investigate trust property to determine potential liability under 
environmental or other law or for any other purpose.
Section 138, Section 
75B-2-702
, which is renumbered from Section 75-7-702 is renumbered 
and amended to read:
75-7-702
75B-2-702
. Trustee's bond.
(1)
A trustee shall give bond to secure performance of the trustee's duties only if the court 
finds that a bond is needed to protect the interests of the beneficiaries or is required by 
the terms of the trust and the court has not dispensed with the requirement.
(2)
(a)
The court may specify the amount of a bond, 
its
the bond's
 liabilities, and 
whether sureties are necessary. 
(b)
The court may modify or terminate a bond at any time.
(3)
(a)
A regulated financial service institution qualified to do trust business in this state 
need not give bond, unless required by the terms of the trust. 
(b)
The cost of any bond shall be borne by the trust.
(4)
Unless otherwise directed by the court, the cost of the bond is charged to the trust.
Section 139, Section 
75B-2-703
, which is renumbered from Section 75-7-703 is renumbered 
and amended to read:
75-7-703
75B-2-703
. Cotrustees.
(1)
Cotrustees who are unable to reach a unanimous decision may act by majority decision.
(2)
If a vacancy occurs in a cotrusteeship, the remaining cotrustees may act for the trust.
(3)
Subject to Section 
75-12-112
75B-3-112
, a cotrustee must participate in the 
performance of a trustee's function unless the cotrustee is unavailable to perform the 
function because of absence, illness, disqualification under other law, or other temporary 
incapacity, or the cotrustee has properly delegated the performance of the function to 
another trustee.
(4)
If a cotrustee is unavailable to perform duties because of absence, illness, 
disqualification under other law, or other temporary incapacity, or if a cotrustee fails or 
refuses to act after reasonable notice, and prompt action is necessary to achieve the 
purposes of the trust or to avoid injury to the trust property, the remaining cotrustee or a 
majority of the remaining cotrustees may act for the trust.
(5)
(a)
A trustee may not delegate to a cotrustee the performance of a function the settlor 
intended the trustees to perform jointly as determined from the terms of the trust. 
(b)
If one of the cotrustees is a regulated financial service institution qualified to do trust 
business in this state and the remaining cotrustees are individuals, a delegation by the 
individual cotrustees to the regulated financial service institution of the performance 
of trust investment functions shall be presumed to be in accordance with the settlor's 
intent unless the terms of the trust specifically provide otherwise. 
(c)
Unless a delegation was irrevocable, a trustee may revoke a delegation previously 
made.
(6)
Except as otherwise provided in Subsection 
(7)
, a trustee who does not join in an action 
of another trustee is not liable for the action.
(7)
Subject to Section 
75-12-112
75B-3-112
, each trustee shall exercise reasonable care to:
(a)
prevent a cotrustee from committing a serious breach of trust; and
(b)
compel a cotrustee to redress a serious breach of trust.
(8)
A dissenting trustee who joins in an action at the direction of the majority of the trustees 
and who notified any cotrustee of the dissent at or before the time of the action is not 
liable for the action unless the action is a serious breach of trust.
Section 140, Section 
75B-2-704
, which is renumbered from Section 75-7-704 is renumbered 
and amended to read:
75-7-704
75B-2-704
. Vacancy in trusteeship -- Appointment of successor.
(1)
A vacancy in a trusteeship occurs if:
(a)
a person designated as trustee rejects the trusteeship;
(b)
a person designated as trustee cannot be identified or does not exist;
(c)
a trustee resigns;
(d)
a trustee is disqualified or removed;
(e)
a trustee dies; or
(f)
a guardian or conservator is appointed for an individual serving as trustee, unless 
otherwise provided in the trust.
(2)
(a)
If one or more cotrustees remain in office, a vacancy in a trusteeship need not be 
filled. 
(b)
A vacancy in a trusteeship must be filled if the trust has no remaining trustee.
(3)
A vacancy in a trusteeship required to be filled must be filled in the following order of 
priority:
(a)
by a person designated in the terms of the trust to act as successor trustee;
(b)
by a person appointed by unanimous agreement of the qualified beneficiaries; or
(c)
by a person appointed by the court.
(4)
A vacancy in a trusteeship of a charitable trust that is required to be filled must be filled 
in the following order of priority:
(a)
by a person designated in the terms of the trust to act as successor trustee;
(b)
by a person selected by the charitable organizations expressly designated to receive 
distributions under the terms of the trust if the attorney general concurs in the 
selection; or
(c)
by a person appointed by the court.
(5)
Whether or not a vacancy in a trusteeship exists or is required to be filled, the court may 
appoint an additional trustee or special fiduciary whenever the court considers the 
appointment necessary for the administration of the trust.
Section 141, Section 
75B-2-705
, which is renumbered from Section 75-7-705 is renumbered 
and amended to read:
75-7-705
75B-2-705
. Resignation of trustee.
(1)
A trustee may resign:
(a)
upon at least 30 days' notice to the qualified beneficiaries, the settlor, if living, and 
all cotrustees; or
(b)
with the approval of the court.
(2)
In approving a resignation, the court may issue orders and impose conditions reasonably 
necessary for the protection of the trust property.
(3)
Any liability of a resigning trustee or of any sureties on the trustee's bond for acts or 
omissions of the trustee is not discharged or affected by the trustee's resignation.
Section 142, Section 
75B-2-706
, which is renumbered from Section 75-7-706 is renumbered 
and amended to read:
75-7-706
75B-2-706
. Removal of trustee.
(1)
The settlor, a cotrustee, or a qualified beneficiary may request the court to remove a 
trustee, or a trustee may be removed by the court on 
its
the court's
 own initiative.
(2)
The court may remove a trustee if:
(a)
the trustee has committed a serious breach of trust;
(b)
lack of cooperation among cotrustees substantially impairs the administration of the 
trust;
(c)
because of unfitness, unwillingness, or persistent failure of the trustee to administer 
the trust effectively, the court determines that removal of the trustee best serves the 
interests of the beneficiaries; or
(d)
there has been a substantial change of circumstances or removal is requested by all 
of the qualified beneficiaries, the court finds that removal of the trustee best serves 
the interests of all of the beneficiaries and is not inconsistent with a material purpose 
of the trust, and a suitable cotrustee or successor trustee is available.
(3)
Pending a final decision on a request to remove a trustee, or in lieu of or in addition to 
removing a trustee, the court may order appropriate relief under Subsection 
75-7-1001(2)
75B-2-1001(2)
 necessary to protect the trust property or the interests of 
the beneficiaries.
Section 143, Section 
75B-2-707
, which is renumbered from Section 75-7-707 is renumbered 
and amended to read:
75-7-707
75B-2-707
. Delivery of property by former trustee.
(1)
Unless a cotrustee remains in office or the court otherwise orders, and until the trust 
property is delivered to a successor trustee or other person entitled to it, a trustee who 
has resigned or been removed has the duties of a trustee and the powers necessary to 
protect the trust property.
(2)
A trustee who has resigned or been removed shall proceed expeditiously to deliver the 
trust property within the trustee's possession to the cotrustee, successor trustee, or other 
person entitled to 
it
the trust property
.
Section 144, Section 
75B-2-708
, which is renumbered from Section 75-7-708 is renumbered 
and amended to read:
75-7-708
75B-2-708
. Compensation of trustee.
If the terms of a trust do not specify the trustee's compensation, a trustee is entitled to 
compensation that is reasonable under the circumstances.
Section 145, Section 
75B-2-709
, which is renumbered from Section 75-7-709 is renumbered 
and amended to read:
75-7-709
75B-2-709
. Reimbursement of expenses.
(1)
A trustee is entitled to be reimbursed out of the trust property, with interest as 
appropriate, for:
(a)
expenses that were properly incurred in the administration of the trust; and
(b)
to the extent necessary to prevent unjust enrichment of the trust, expenses that were 
not properly incurred in the administration of the trust.
(2)
An advance by the trustee of money for the protection of the trust gives rise to a lien 
against trust property to secure reimbursement with reasonable interest.
Section 146, Section 
75B-2-801
, which is renumbered from Section 75-7-801 is renumbered 
and amended to read:
8. Duties and Power of Trustee
75-7-801
75B-2-801
. Duty to administer trust.
Upon acceptance of a trusteeship, the trustee shall administer the trust expeditiously and 
in good faith, in accordance with 
its
the trust's
 terms and purposes and the interests of the 
beneficiaries, and in accordance with this chapter.
Section 147, Section 
75B-2-802
, which is renumbered from Section 75-7-802 is renumbered 
and amended to read:
75-7-802
75B-2-802
. Duty of loyalty.
(1)
A trustee shall administer the trust solely in the interests of the beneficiaries.
(2)
Subject to the rights of persons dealing with or assisting the trustee as provided in 
Section 
75-7-1012
75B-2-1012
, a sale, encumbrance, or other transaction involving the 
investment or management of trust property entered into by the trustee for the trustee's 
own personal account or which is otherwise affected by a conflict between the trustee's 
fiduciary and personal interests is voidable by a beneficiary affected by the transaction 
unless:
(a)
the transaction was authorized by the terms of the trust;
(b)
the transaction was approved by the court;
(c)
the beneficiary did not commence a judicial proceeding within the time allowed by 
Section 
75-7-1005
75B-2-1005
;
(d)
the beneficiary consented to the trustee's conduct, ratified the transaction, or released 
the trustee in compliance with Section 
75-7-1009
75B-2-1009
; or
(e)
the transaction involves a contract entered into or claim acquired by the trustee 
before the person became or contemplated becoming trustee.
(3)
A sale, encumbrance, or other transaction involving the investment or management of 
trust property is presumed to be affected by a conflict between personal and fiduciary 
interests if 
it
the sale, encumbrance, or other transaction
 is entered into by the trustee 
with:
(a)
the trustee's spouse;
(b)
the trustee's descendants, siblings, parents, or 
their spouses
the spouses of the 
trustee's descendants, siblings, or parents
;
(c)
an agent of the trustee, including but not limited to an attorney, accountant, or 
financial advisor; or
(d)
a corporation or other person or enterprise in which the trustee, or a person that owns 
a significant interest in the trustee, has an interest that might affect the trustee's best 
judgment.
(4)
A transaction between a trustee and a beneficiary that does not concern trust property 
but that occurs during the existence of the trust or while the trustee retains significant 
influence over the beneficiary and from which the trustee obtains an advantage is 
voidable by the beneficiary unless the trustee establishes that the transaction was fair to 
the beneficiary.
(5)
A transaction not concerning trust property in which the trustee engages in the trustee's 
individual capacity involves a conflict between personal and fiduciary interests if the 
transaction concerns an opportunity properly belonging to the trust.
(6)
(a)
An investment by a trustee in securities of an investment company or investment 
trust to which the trustee, or its affiliate, provides services in a capacity other than as 
trustee is not presumed to be affected by a conflict between personal and fiduciary 
interests if the investment complies with the prudent investor rule of Section 
75-7-901
75B-2-901
. 
(b)
The trustee may be compensated by the investment company or investment trust for 
providing those services out of fees charged to the trust.
(7)
(a)
In voting shares of stock or in exercising powers of control over similar interests 
in other forms of enterprise, the trustee shall act in the best interests of the 
beneficiaries. 
(b)
If the trust is the sole owner of a corporation or other form of enterprise, the trustee 
shall elect or appoint directors or other managers who will manage the corporation or 
enterprise in the best interests of the beneficiaries.
(8)
This section does not preclude the following actions by the trustee:
(a)
an agreement between the trustee and a beneficiary relating to the appointment or 
compensation of the trustee;
(b)
payment of reasonable compensation to the trustee;
(c)
a transaction between a trust and another trust, decedent's estate, conservatorship, or 
guardianship of which the trustee is a fiduciary or in which a beneficiary has an 
interest;
(d)
a deposit of trust money in a regulated financial service institution operated by the 
trustee;
(e)
an advance by the trustee of money for the protection of the trust;
(f)
collecting, holding, and retaining trust assets received from a trustor until, in the 
judgment of the trustee, disposition of the assets should be made, even though the 
assets include an asset in which the trustee is personally interested;
(g)
acquiring an undivided interest in a trust asset in which the trustee, in any trust 
capacity, holds an undivided interest;
(h)
borrowing money to be repaid from the trust assets or otherwise;
(i)
advancing money to be repaid from the assets or otherwise;
(j)
employing 
persons, including attorneys, auditors, investment advisers, or agents
a 
person, including an attorney, an auditor, an investment adviser, or an agent
, even if 
they are
the person is
 associated with the trustee:
(i)
to advise or assist the trustee in the performance of the trustee's administrative 
duties or perform any act of administration, whether or not discretionary; or
(ii)
to act without independent investigation upon 
their
the person's
recommendations;
(k)
if a governing instrument or order requires or authorizes investment in United States 
government obligations, investing in those obligations, either directly or in the form 
of securities or other interests, in any open-end or closed-end management type 
investment company or investment trust registered under the provisions of the 
Investment Company Act of 1940, 15 U.S.C. Sections 80a-1 through 80a-64 if:
(i)
the portfolio of the investment company or investment trust is limited to United 
States government obligations, and repurchase agreements are fully collateralized 
by United States government obligations; and
(ii)
the investment company or investment trust takes delivery of the collateral for 
any repurchase agreement either directly or through an authorized custodian.
(9)
The court may appoint a special fiduciary to make a decision with respect to any 
proposed transaction that might violate this section if entered into by the trustee.
Section 148, Section 
75B-2-803
, which is renumbered from Section 75-7-803 is renumbered 
and amended to read:
75-7-803
75B-2-803
. Impartiality.
If a trust has two or more beneficiaries, the trustee shall act impartially in investing, 
managing, and distributing the trust property, giving due regard to the beneficiaries' respective 
interests.
Section 149, Section 
75B-2-804
, which is renumbered from Section 75-7-804 is renumbered 
and amended to read:
75-7-804
75B-2-804
. Prudent administration.
(1)
A trustee shall administer the trust as a prudent person would, by considering the 
purposes, terms, distributional requirements, and other circumstances of the trust. 
(2)
In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.
Section 150, Section 
75B-2-805
, which is renumbered from Section 75-7-805 is renumbered 
and amended to read:
75-7-805
75B-2-805
. Costs of administration.
In administering a trust, the trustee may incur only costs that are reasonable in relation to 
the trust property, the purposes of the trust, and the skills of the trustee.
Section 151, Section 
75B-2-806
, which is renumbered from Section 75-7-806 is renumbered 
and amended to read:
75-7-806
75B-2-806
. Trustee's skills.
A trustee who is named trustee in reliance upon the trustee's representation that the 
trustee has special skills or expertise, shall use those special skills or expertise.
Section 152, Section 
75B-2-807
, which is renumbered from Section 75-7-807 is renumbered 
and amended to read:
75-7-807
75B-2-807
. Control and protection of trust property.
A trustee shall take reasonable steps to take control of and protect the trust property.
Section 153, Section 
75B-2-808
, which is renumbered from Section 75-7-808 is renumbered 
and amended to read:
75-7-808
75B-2-808
. Recordkeeping and identification of trust property.
(1)
A trustee shall keep adequate records of the administration of the trust.
(2)
A trustee shall keep trust property separate from the trustee's own property.
(3)
Except as otherwise provided in Subsection 
(4)
, a trustee shall cause the trust property 
to be designated so that the interest of the trust, to the extent feasible, appears in records 
maintained by a party other than a trustee or beneficiary.
(4)
If the trustee maintains records clearly indicating the respective interests, a trustee may 
invest as a whole the property of two or more separate trusts.
Section 154, Section 
75B-2-809
, which is renumbered from Section 75-7-809 is renumbered 
and amended to read:
75-7-809
75B-2-809
. Enforcement and defense of claims.
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims 
against the trust.
Section 155, Section 
75B-2-810
, which is renumbered from Section 75-7-810 is renumbered 
and amended to read:
75-7-810
75B-2-810
. Collecting trust property.
A trustee shall take reasonable steps to compel a former trustee or other person to 
deliver trust property to the trustee, and to redress a breach of trust known to the trustee to 
have been committed by a former trustee, unless the terms of the trust provide otherwise.
Section 156, Section 
75B-2-811
, which is renumbered from Section 75-7-811 is renumbered 
and amended to read:
75-7-811
75B-2-811
. Duty to inform and report.
(1)
(a)
Except to the extent the terms of the trust provide otherwise, a trustee shall keep 
the qualified beneficiaries of the trust reasonably informed about the administration 
of the trust and of the material facts necessary for 
them
the qualified beneficiaries
 to 
protect 
their
the qualified beneficiaries'
 interests. 
(b)
Unless unreasonable under the circumstances, and unless otherwise provided by the 
terms of the trust a trustee shall promptly respond to a qualified beneficiary's request 
for information related to the administration of the trust.
(2)
Except to the extent the terms of the trust provide otherwise, a trustee:
(a)
upon request of a qualified beneficiary, shall promptly furnish to the beneficiary a 
copy of the portions of the trust instrument which describe or affect the beneficiary's 
interest;
(b)
within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries of 
the acceptance and of the trustee's name, address, and telephone number;
(c)
within 60 days after the date the trustee acquires knowledge of the creation of an 
irrevocable trust, or the date the trustee acquires knowledge that a formerly revocable 
trust has become irrevocable, whether by the death of the settlor or otherwise, shall 
notify the qualified beneficiaries of the trust's existence, of the identity of the settlor 
or settlors, of the right to request a copy of the trust instrument, and of the right to a 
trustee's report as provided in Subsection 
(3)
; and
(d)
shall notify the qualified beneficiaries in advance of any change in the method or rate 
of the trustee's compensation.
(3)
(a)
A trustee shall send to the qualified beneficiaries who request it, at least annually 
and at the termination of the trust, a report of the trust property, liabilities, receipts, 
and disbursements, including the amount of the trustee's compensation or a fee 
schedule or other writing showing how the trustee's compensation was determined, a 
listing of the trust assets and, if feasible, 
their
the trust assets'
 respective market 
values. 
(b)
Upon a vacancy in a trusteeship, unless a cotrustee remains in office, a report must 
be sent to the qualified beneficiaries by the former trustee, unless the terms of the 
trust provide otherwise. 
(c)
A personal representative, conservator, or guardian may send the qualified 
beneficiaries a report on behalf of a deceased or incapacitated trustee.
(4)
(a)
A qualified beneficiary may waive the right to a trustee's report or other 
information otherwise required to be furnished under this section. 
(b)
A beneficiary, with respect to future reports and other information, may withdraw a 
waiver previously given.
Section 157, Section 
75B-2-812
, which is renumbered from Section 75-7-812 is renumbered 
and amended to read:
75-7-812
75B-2-812
. Discretionary powers -- Tax savings.
(1)
Notwithstanding the breadth of discretion granted to a trustee in the terms of the trust, 
including the use of such terms as "absolute," "sole," or "uncontrolled," the trustee shall 
exercise a discretionary power in good faith and in accordance with the terms and 
purposes of the trust and the interests of the beneficiaries.
(2)
Subject to Subsection 
(4)
, and unless the terms of the trust expressly indicate that 
a rule 
in
a requirement described in
 this section does not apply:
(a)
a person other than a settlor who is a beneficiary and trustee of a trust that confers on 
the trustee a power to make discretionary distributions to or for the trustee's personal 
benefit may exercise the power only in accordance with an ascertainable standard 
relating to the trustee's individual health, education, support, or maintenance within 
the meaning of Subsection 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code 
of 1986, as in effect on May 1, 2004; and
(b)
a trustee may not exercise a power to make discretionary distributions to satisfy a 
legal obligation of support that the trustee personally owes another person.
(3)
(a)
A power whose exercise is limited or prohibited by Subsection 
(2)
 may be 
exercised by a majority of the remaining trustees whose exercise of the power is not 
so limited or prohibited. 
(b)
If the power of all trustees is so limited or prohibited, the court may appoint a special 
fiduciary with authority to exercise the power.
(4)
Subsection 
(2)
 does not apply to:
(a)
a power held by the settlor's spouse who is the trustee of a trust for which a marital 
deduction, as defined in Subsection 2056(b)(5) or 2523(e) of the Internal Revenue 
Code of 1986, as in effect on May 1, 2004, was previously allowed;
(b)
any trust during any period that the trust may be revoked or amended by 
its
the 
trust's
 settlor; or
(c)
a trust if contributions to the trust qualify for the annual exclusion under Subsection 
2503(c) of the Internal Revenue Code of 1986, as in effect on May 1, 2004.
Section 158, Section 
75B-2-813
, which is renumbered from Section 75-7-813 is renumbered 
and amended to read:
75-7-813
75B-2-813
. General powers of trustee.
(1)
A trustee, without authorization by the court, may exercise:
(a)
powers conferred by the terms of the trust; or
(b)
except as limited by the terms of the trust:
(i)
all powers over the trust property 
which
that
 an unmarried competent owner has 
over individually owned property;
(ii)
any other powers appropriate to achieve the proper investment, management, and 
distribution of the trust property; and
(iii)
any other powers conferred by this chapter.
(2)
The exercise of a power is subject to the fiduciary duties prescribed by this part.
Section 159, Section 
75B-2-814
, which is renumbered from Section 75-7-814 is renumbered 
and amended to read:
75-7-814
75B-2-814
. Specific powers of trustee.
(1)
Without limiting the authority conferred by Section 
75-7-813
75B-2-813
, a trustee may:
(a)
collect trust property and accept or reject additions to the trust property from a settlor 
or any other person;
(b)
acquire or sell property, for cash or on credit, at public or private sale;
(c)
exchange, partition, or otherwise change the character of trust property;
(d)
deposit trust money in an account in a regulated financial service institution;
(e)
borrow money, with or without security from any financial institution, including a 
financial institution that is serving as a trustee or one of 
its
the financial institution's
affiliates, and mortgage or pledge trust property for a period within or extending 
beyond the duration of the trust;
(f)
with respect to an interest in a proprietorship, partnership, limited liability company, 
business trust, corporation, or other form of business or enterprise, continue the 
business or other enterprise and take any action that may be taken by shareholders, 
members, or property owners, including merging, dissolving, or otherwise changing 
the form of business organization or contributing additional capital;
(g)
with respect to stocks or other securities, exercise the rights of an absolute owner, 
including the right to:
(i)
vote, or give proxies to vote, with or without power of substitution, or enter into or 
continue a voting trust agreement;
(ii)
hold a security in the name of a nominee or in other form without disclosure of 
the trust so that title may pass by delivery;
(iii)
pay calls, assessments, and other sums chargeable or accruing against the 
securities, and sell or exercise stock subscription or conversion rights; and
(iv)
deposit the securities with a depositary or other regulated financial service 
institution;
(h)
with respect to an interest in real property, construct, or make ordinary or 
extraordinary repairs to, alterations to, or improvements in, buildings or other 
structures, demolish improvements, raze existing or erect new party walls or 
buildings, subdivide or develop land, dedicate land to public use or grant public or 
private easements, and make or vacate plats and adjust boundaries;
(i)
enter into a lease for any purpose as lessor or lessee, including a lease or other 
arrangement for exploration and removal of natural resources, with or without the 
option to purchase or renew, for a period within or extending beyond the duration of 
the trust;
(j)
grant an option involving a sale, lease, or other disposition of trust property or 
acquire an option for the acquisition of property, including an option exercisable 
beyond the duration of the trust, and exercise an option so acquired;
(k)
insure the property of the trust against damage or loss and insure the trustee, the 
trustee's agents, and beneficiaries against liability arising from the administration of 
the trust;
(l)
abandon or decline to administer property of no value or of insufficient value to 
justify its collection or continued administration;
(m)
with respect to possible liability for violation of environmental law:
(i)
inspect or investigate property the trustee holds or has been asked to hold, or 
property owned or operated by an organization in which the trustee holds or has 
been asked to hold an interest, for the purpose of determining the application of 
environmental law with respect to the property;
(ii)
take action to prevent, abate, or otherwise remedy any actual or potential 
violation of any environmental law affecting property held directly or indirectly 
by the trustee, whether taken before or after the assertion of a claim or the 
initiation of governmental enforcement;
(iii)
decline to accept property into trust or disclaim any power with respect to 
property that is or may be burdened with liability for violation of environmental 
law;
(iv)
compromise claims against the trust which may be asserted for an alleged 
violation of environmental law; and
(v)
pay the expense of any inspection, review, abatement, or remedial action to 
comply with environmental law;
(n)
pay or contest any claim, settle a claim by or against the trust, and release, in whole 
or in part, a claim belonging to the trust;
(o)
pay taxes, assessments, compensation of the trustee and of employees and agents of 
the trust, and other expenses incurred in the administration of the trust;
(p)
exercise elections with respect to federal, state, and local taxes;
(q)
select a mode of payment under any employee benefit or retirement plan, annuity, or 
life insurance payable to the trustee, exercise rights thereunder, including exercise of 
the right to indemnification for expenses and against liabilities, and take appropriate 
action to collect the proceeds;
(r)
make loans out of trust property, including loans to a beneficiary on terms and 
conditions the trustee considers to be fair and reasonable under the circumstances, 
and the trustee has a lien on future distributions for repayment of those loans;
(s)
pledge trust property to guarantee loans made by others to the beneficiary;
(t)
appoint a trustee to act in another jurisdiction with respect to trust property located in 
the other jurisdiction, confer upon the appointed trustee all of the powers and duties 
of the appointing trustee, require that the appointed trustee furnish security, and 
remove any trustee so appointed;
(u)
pay an amount distributable to a beneficiary who is under a legal disability or who 
the trustee reasonably believes is incapacitated, by paying 
it
the amount
 directly to 
the beneficiary or applying it for the beneficiary's benefit, or by:
(i)
paying 
it
the amount
 to the beneficiary's conservator or, if the beneficiary does 
not have a conservator, the beneficiary's guardian;
(ii)
paying 
it
the amount
 to the beneficiary's custodian under Title 75A, Chapter 8, 
Uniform Transfers to Minors Act;
(iii)
if the trustee does not know of a conservator, guardian, custodian, or custodial 
trustee, paying 
it
the amount
 to an adult relative or other person having legal or 
physical care or custody of the beneficiary, to be expended on the beneficiary's 
behalf; or
(iv)
managing 
it
the amount
 as a separate fund on the beneficiary's behalf, subject to 
the beneficiary's continuing right to withdraw the distribution;
(v)
on distribution of trust property or the division or termination of a trust, make 
distributions in divided or undivided interests, allocate particular assets in 
proportionate or disproportionate shares, value the trust property for those purposes, 
and adjust for resulting differences in valuation;
(w)
resolve a dispute concerning the interpretation of the trust or its administration by 
mediation, arbitration, or other procedure for alternative dispute resolution;
(x)
prosecute or defend an action, claim, or judicial proceeding in any jurisdiction to 
protect trust property and the trustee in the performance of the trustee's duties;
(y)
sign and deliver contracts and other instruments that are useful to achieve or 
facilitate the exercise of the trustee's powers; and
(z)
on termination of the trust, exercise the powers appropriate to finalize the 
administration of the trust and distribute the trust property to the persons entitled to 
it
the trust
.
(2)
A trustee may delegate investment and management functions that a prudent trustee of 
comparable skills could properly delegate under the circumstances.
(a)
The trustee shall exercise reasonable care, skill, and caution in:
(i)
selecting the agent;
(ii)
establishing the scope and terms of the delegation consistent with the purposes of 
the trust; and
(iii)
periodically reviewing the agent's actions to monitor the agent's performance and 
compliance with the terms of the delegation.
(b)
In performing a delegated function, an agent has a duty to the trust to exercise 
reasonable care to comply with the terms of the delegation.
(c)
A trustee who complies with the requirements of this Subsection (2) is not liable to 
the beneficiaries or to the trust for the decisions or actions of the agent to whom the 
function was delegated.
(3)
(a)
The trustee may exercise the powers set forth in this section and in the trust either 
in the name of the trust or in the name of the trustee as trustee, specifically including 
the right to take title, to encumber or convey assets, including real property, in the 
name of the trust. 
(b)
This Subsection (3) applies to a trustee's exercise of trust powers. 
(c)
After May 11, 2010, for recording purposes, the name of the trustee, the address of 
the trustee, and the name and date of the trust, shall be included on all recorded 
documents affecting real property to which the trust is a party in interest.
Section 160, Section 
75B-2-815
, which is renumbered from Section 75-7-815 is renumbered 
and amended to read:
75-7-815
75B-2-815
. Distribution upon termination.
(1)
(a)
Upon termination or partial termination of a trust, the trustee may send to the 
beneficiaries a proposal for distribution. 
(b)
The right of any beneficiary to object to the proposed distribution terminates if the 
beneficiary does not notify the trustee of an objection within 30 days after the 
proposal was sent but only if the proposal informed the beneficiary of the right to 
object and of the time allowed for objection.
(2)
Upon the occurrence of an event terminating or partially terminating a trust, the trustee 
shall proceed expeditiously to distribute the trust property to the persons entitled to 
it
the trust property
, subject to the right of the trustee to retain a reasonable reserve for the 
payment of debts, expenses, and taxes.
(3)
A release by a beneficiary of a trustee from liability for breach of trust is invalid to the 
extent:
(a)
it
the release
 was induced by improper conduct of the trustee; or
(b)
the beneficiary, at the time of the release, did not know or had no reason to know of 
the beneficiary's rights or of the material facts relating to the breach.
Section 161, Section 
75B-2-816
, which is renumbered from Section 75-7-816 is renumbered 
and amended to read:
75-7-816
75B-2-816
. Recitals when title to real property is in trust -- Failure.
(1)
When title to real property is granted to a person as trustee, the terms of the trust may be 
given either:
(a)
in the deed of transfer; or
(b)
in an instrument signed by the grantor and recorded in the same office as the grant to 
the trustee.
(2)
If the terms of the trust are not made public as required in Subsection (1), a conveyance 
from the trustee is absolute in favor of purchasers for value who take the property 
without notice of the terms of the trust.
(3)
The terms of the trust recited in the deed of transfer or the instrument recorded under 
Subsection (1)(b) shall include:
(a)
the name of the trustee;
(b)
the address of the trustee; and
(c)
the name and date of the trust.
(4)
Any real property titled in a trust 
which
that
 has a restriction on transfer described in 
Section 
75B-1-302
 shall include in the title the words "asset protection trust."
Section 162, Section 
75B-2-817
, which is renumbered from Section 75-7-817 is renumbered 
and amended to read:
75-7-817
75B-2-817
. Marital deduction formulas -- Trusts.
(1)
For estates of decedents dying after December 31, 1981, where a decedent's trust 
executed before September 13, 1981, contains a formula expressly providing that the 
decedent's spouse is to receive the maximum amount of property qualifying for the 
marital deduction allowable by federal law, this formula shall be construed as referring 
to the unlimited marital deduction allowable by federal law as amended by Section 
403(a) of the Economic Recovery Tax Act of 1981.
(2)
The intention of a trustor as expressed in the trust shall control the legal effect of any 
dispositions made by it for purposes of construing Subsection 
(1)
, and the rule of 
construction of Subsection 
(1)
 shall apply unless a contrary intention is indicated by the 
trust.
Section 163, Section 
75B-2-901
, which is renumbered from Section 75-7-901 is renumbered 
and amended to read:
9. Uniform Prudent Investor Act
75-7-901
75B-2-901
. Prudent investor rule.
(1)
(a)
Except as otherwise provided in Subsection 
(2)
, a trustee who invests and 
manages trust assets owes a duty to the beneficiaries of the trust to comply with the 
prudent investor rule 
set forth
described
 in this chapter. 
(b)
If a trustee is named on the basis of a trustee's representations of special skills or 
expertise, the trustee has a duty to use those special skills or expertise.
(2)
(a)
The prudent investor rule is a default rule and may be expanded, restricted, 
eliminated, or otherwise altered by the provisions of a trust. 
(b)
A trustee is not liable to a beneficiary to the extent that the trustee acted in 
reasonable reliance on the provisions of the trust.
Section 164, Section 
75B-2-902
, which is renumbered from Section 75-7-902 is renumbered 
and amended to read:
75-7-902
75B-2-902
. Standard of care -- Portfolio strategy -- Risk and return 
objectives.
(1)
(a)
A trustee shall invest and manage trust assets as a prudent investor would, by 
considering the purposes, terms, distribution requirements, and other circumstances 
of the trust. 
(b)
In satisfying this standard, the trustee shall exercise reasonable care, skill, and 
caution.
(2)
A trustee's investment and management decisions respecting individual assets must be 
evaluated not in isolation but in the context of the trust portfolio as a whole and as a part 
of an overall investment strategy having risk and return objectives reasonably suited to 
the trust.
(3)
Among circumstances that a trustee shall consider in investing and managing trust 
assets are the following which may be relevant to the trust or 
its
the trust's
 beneficiaries:
(a)
general economic conditions;
(b)
the possible effect of inflation or deflation;
(c)
the expected tax consequences of investment decisions or strategies;
(d)
the role that each investment or course of action plays within the overall trust 
portfolio, which may include financial assets, interests in closely held enterprises, 
tangible and intangible personal property, and real property;
(e)
the expected total return from income and the appreciation of capital;
(f)
other resources of the beneficiaries;
(g)
needs for liquidity, regularity of income, and preservation or appreciation of capital; 
and
(h)
an asset's special relationship or special value, if any, to the purposes of the trust or 
to one or more of the beneficiaries.
(4)
A trustee shall make a reasonable effort to verify facts relevant to the investment and 
management of trust assets.
(5)
A trustee may invest in any kind of property or type of investment consistent with the 
standards of this chapter.
Section 165, Section 
75B-2-903
, which is renumbered from Section 75-7-903 is renumbered 
and amended to read:
75-7-903
75B-2-903
. Diversification.
A trustee shall diversify the investments of the trust unless the trustee reasonably 
determines that, because of special circumstances, the purposes of the trust are better served 
without diversifying.
Section 166, Section 
75B-2-904
, which is renumbered from Section 75-7-904 is renumbered 
and amended to read:
75-7-904
75B-2-904
. Duties at inception of trusteeship.
Within a reasonable time after accepting a trusteeship or receiving trust assets, a trustee 
shall review the trust assets and make and implement decisions concerning the retention and 
disposition of assets, in order to bring the trust portfolio into compliance with the purposes, 
terms, distribution requirements, and other circumstances of the trust, and with the 
requirements of this chapter.
Section 167, Section 
75B-2-905
, which is renumbered from Section 75-7-905 is renumbered 
and amended to read:
75-7-905
75B-2-905
. Reviewing compliance.
(1)
Compliance with the prudent investor rule is determined in light of the facts and 
circumstances existing at the time of a trustee's decision or action and not by hindsight. 
(2)
This section does not require a specific outcome in investing.
Section 168, Section 
75B-2-906
, which is renumbered from Section 75-7-906 is renumbered 
and amended to read:
75-7-906
75B-2-906
. Investment direction.
(1)
For purposes of
As used in
 this section, "investment direction" means a direction that is 
binding on the trustee, except for an investment direction given by a settlor as described 
in Subsection 
(2)
 to do any of the following with respect to an investment:
(a)
retention;
(b)
purchase;
(c)
sale;
(d)
exchange;
(e)
tender; or
(f)
any other transaction affecting ownership in the investment.
(2)
(a)
During the time period that a trust is revocable, the trustee may follow any 
investment direction of the settlor, including an investment direction that:
(i)
is manifestly contrary to the terms of the trust; or
(ii)
seriously breaches a fiduciary duty to the beneficiaries.
(b)
The trustee is not liable for any loss resulting from following an investment direction 
described in Subsection 
(2)(a)
.
(3)
If the terms of a trust authorize a person to give investment direction to the trustee, the 
person authorized to give investment direction:
(a)
is presumptively a fiduciary only with respect to an investment direction that the 
person gives to the trustee;
(b)
is required to act in good faith with regard to:
(i)
the purposes of the trust; and
(ii)
the interests of the beneficiaries; and
(c)
is liable for any loss that results from breach of the fiduciary duty only with respect 
to an investment direction that the person gives to the trustee.
(4)
Except in cases of willful misconduct or gross negligence, a trustee is not liable for any 
loss that results from following an investment direction if:
(a)
the terms of a trust authorizes a person to give the investment direction to the trustee; 
and
(b)
the trustee acts in accordance with the investment direction given by a person 
described in Subsection 
(4)(a)
.
(5)
If the terms of a trust require another person's approval or consent to an investment 
decision of the trustee:
(a)
the person from whom approval or consent is required:
(i)
is presumptively a fiduciary;
(ii)
is required to act in good faith with regard to:
(A)
the purposes of the trust; and
(B)
the interests of the beneficiaries; and
(iii)
is liable for any loss that results from breach of the fiduciary duty; and
(b)
except in cases of willful misconduct or gross negligence, the trustee is not liable for 
any loss resulting from any act not taken as a result of the person's failure to respond 
to a request for approval or consent.
Section 169, Section 
75B-2-907
, which is renumbered from Section 75-7-907 is renumbered 
and amended to read:
75-7-907
75B-2-907
. Language invoking standard of chapter.
The following terms or comparable language in the provisions of a trust, unless 
otherwise limited or modified, authorizes any investment or strategy permitted under this 
chapter: "investments permissible by law for investment of trust funds," "legal investments," 
"authorized investments," "using the judgment and care under the circumstances then 
prevailing that persons of prudence, discretion, and intelligence exercise in the management of 
their own affairs, not in regard to speculation but in regard to the permanent disposition of 
their funds, considering the probable income as well as the probable safety of their capital," 
"prudent man rule," "prudent trustee rule," "prudent person rule," and "prudent investor rule."
Section 170, Section 
75B-2-1001
, which is renumbered from Section 75-7-1001 is renumbered 
and amended to read:
10. Liability of Trustees and Rights of Persons Dealing with Trustee
75-7-1001
75B-2-1001
. Remedies for breach of trust.
(1)
A violation by a trustee of a duty the trustee owes to a beneficiary is a breach of trust.
(2)
To remedy a breach of trust that has occurred or may occur, the court may:
(a)
compel the trustee to perform the trustee's duties;
(b)
enjoin the trustee from committing a breach of trust;
(c)
compel the trustee to redress a breach of trust by paying money, restoring property, 
or other means;
(d)
order a trustee to account;
(e)
appoint a special fiduciary to take possession of the trust property and administer the 
trust;
(f)
suspend the trustee;
(g)
remove the trustee as provided in Section 
75-7-706
75B-2-706
;
(h)
reduce or deny compensation to the trustee;
(i)
subject to Section 
75-7-1012
75B-2-1012
, void an act of the trustee, impose a lien or 
a constructive trust on trust property, or trace trust property wrongfully disposed of 
and recover the property or 
its
the property's
 proceeds; or
(j)
order any other appropriate relief.
Section 171, Section 
75B-2-1002
, which is renumbered from Section 75-7-1002 is renumbered 
and amended to read:
75-7-1002
75B-2-1002
. Damages for breach of trust.
(1)
A trustee who commits a breach of trust is liable to the beneficiaries affected for the 
greater of:
(a)
the amount required to restore the value of the trust property and trust distributions to 
what 
they
the beneficiaries
 would have been had the breach not occurred; or
(b)
the profit the trustee made by reason of the breach.
(2)
(a)
Except as otherwise provided in this Subsection 
(2)
, if more than one trustee is 
liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution 
from the other trustee or trustees. 
(b)
A trustee is not entitled to contribution if the trustee was substantially more at fault 
than another trustee or if the trustee committed the breach of trust in bad faith or with 
reckless indifference to the purposes of the trust or the interests of the beneficiaries. 
(c)
A trustee who received a benefit from the breach of trust is not entitled to 
contribution from another trustee to the extent of the benefit received.
Section 172, Section 
75B-2-1003
, which is renumbered from Section 75-7-1003 is renumbered 
and amended to read:
75-7-1003
75B-2-1003
. Damages in absence of breach.
(1)
A trustee is accountable to an affected beneficiary for any profit made by the trustee 
arising from the administration of the trust, even absent a breach of trust.
(2)
Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation 
in the value of trust property or for not having made a profit.
Section 173, Section 
75B-2-1004
, which is renumbered from Section 75-7-1004 is renumbered 
and amended to read:
75-7-1004
75B-2-1004
. Attorney's fees and costs.
(1)
In a judicial proceeding involving the administration of a trust, the court may, as justice 
and equity may require, award costs and expenses, including reasonable attorney's fees, 
to any party, to be paid by another party or from the trust that is the subject of the 
controversy.
(2)
If a trustee defends or prosecutes any proceeding in good faith, whether successful or 
not, the trustee is entitled to receive from the trust the necessary expenses and 
disbursements, including reasonable attorney's fees, incurred.
Section 174, Section 
75B-2-1005
, which is renumbered from Section 75-7-1005 is renumbered 
and amended to read:
75-7-1005
75B-2-1005
. Limitation of action against trustee.
(1)
A beneficiary may not commence a proceeding against a trustee for breach of trust more 
than six months after the date that the beneficiary or a person who may represent and 
bind the beneficiary was sent a report that adequately disclosed the existence of a 
potential claim for breach of trust and informed the beneficiary of the time allowed for 
commencing a proceeding.
(2)
A report adequately discloses the existence of a potential claim for breach of trust if 
it
the report
 provides sufficient information so that the beneficiary or representative knows 
of the potential claim or should have inquired into 
its
the claim's
 existence.
(3)
If Subsection 
(1)
 does not apply, a judicial proceeding by a beneficiary against a trustee 
for breach of trust must be commenced within one year after the first to occur of:
(a)
the removal, resignation, or death of the trustee;
(b)
the termination of the beneficiary's interest in the trust; or
(c)
the termination of the trust.
(4)
This section does not preclude an action to recover for fraud or misrepresentation 
related to the report.
Section 175, Section 
75B-2-1006
, which is renumbered from Section 75-7-1006 is renumbered 
and amended to read:
75-7-1006
75B-2-1006
. Reliance on trust instrument.
A trustee who acts in reasonable reliance on the terms of the trust as expressed in the 
trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach 
resulted from the reliance.
Section 176, Section 
75B-2-1007
, which is renumbered from Section 75-7-1007 is renumbered 
and amended to read:
75-7-1007
75B-2-1007
. Event affecting administration or distribution.
If the happening of an event, including marriage, divorce, performance of educational 
requirements, or death, affects the administration or distribution of a trust, a trustee is not 
liable for a loss resulting from the trustee's lack of knowledge or lack of notice.
Section 177, Section 
75B-2-1008
, which is renumbered from Section 75-7-1008 is renumbered 
and amended to read:
75-7-1008
75B-2-1008
. Exculpation of trustee.
A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the 
extent that 
it
the term
:
(1)
relieves the trustee of liability for breach of trust committed in bad faith or with reckless 
indifference to the purposes of the trust or the interests of the beneficiaries; or
(2)
was inserted by the trustee or fiduciary without disclosure of its existence and contents.
Section 178, Section 
75B-2-1009
, which is renumbered from Section 75-7-1009 is renumbered 
and amended to read:
75-7-1009
75B-2-1009
. Beneficiary's consent, release, or ratification.
A trustee is not liable to a beneficiary for breach of trust if the beneficiary, while having 
capacity, consented to the conduct constituting the breach, released the trustee from liability 
for the breach, or ratified the transaction constituting the breach, unless at the time of the 
consent, release, or ratification, the beneficiary did not know of the beneficiary's rights or of 
the material facts relating to the breach.
Section 179, Section 
75B-2-1010
, which is renumbered from Section 75-7-1010 is renumbered 
and amended to read:
75-7-1010
75B-2-1010
. Limitation on personal liability of trustee.
(1)
Except as otherwise provided in the contract, a trustee is not personally liable on a 
contract properly entered into in the trustee's fiduciary capacity in the course of 
administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(2)
A trustee is personally liable for torts committed in the course of administering a trust, 
or for obligations arising from ownership or control of trust property, including liability 
for violation of environmental law, only if the trustee is personally at fault.
(3)
A claim based on a contract entered into by a trustee in the trustee's fiduciary capacity, 
on an obligation arising from ownership or control of trust property, or on a tort 
committed in the course of administering a trust, may be asserted in a judicial 
proceeding against the trustee in the trustee's fiduciary capacity, whether or not the 
trustee is personally liable for the claim.
(4)
The question of liability as between the trust estate and the trustee individually may be 
determined in a proceeding for accounting, surcharge, or indemnification or other 
appropriate proceeding.
(5)
Whenever an instrument creating a trust reserves to the settlor, or vests in an advisory or 
investment committee, or in any other person or persons, including one or more 
cotrustees to the exclusion of the trustee or to the exclusion of one or more of several 
trustees, authority to direct the making or retention of any investment, the excluded 
trustee or trustees shall not be liable, either individually or as a fiduciary, for any loss 
resulting from the making or retention of any investment pursuant to such direction.
(6)
(a)
In the absence of actual knowledge or information which would cause a 
reasonable trustee to inquire further, no trustee shall be liable for failure to take 
necessary steps to compel the redress of any breach of trust or fiduciary duty by any 
predecessor personal representative, trustee, or other fiduciary. 
(b)
The provisions of this section shall not be construed to limit the fiduciary liability of 
any trustee for 
his
the trustee's
 own acts or omissions with respect to the trust estate.
Section 180, Section 
75B-2-1011
, which is renumbered from Section 75-7-1011 is renumbered 
and amended to read:
75-7-1011
75B-2-1011
. Interest as general partner.
(1)
Except as otherwise provided in Subsection 
(3)
 or unless personal liability is imposed in 
the contract, a trustee who holds an interest as a general partner in a general or limited 
partnership is not personally liable on a contract entered into by the partnership after the 
trust's acquisition of the interest if the fiduciary capacity was disclosed in the contract or 
in a statement previously filed 
pursuant to
in accordance with
Title 48, Chapter 2e, 
Utah Uniform Limited Partnership Act
.
(2)
Except as otherwise provided in Subsection 
(3)
, a trustee who holds an interest as a 
general partner is not personally liable for torts committed by the partnership or for 
obligations arising from ownership or control of the interest unless the trustee is 
personally at fault.
(3)
The immunity provided by this section does not apply if an interest in the partnership is 
held by the trustee in a capacity other than that of trustee or is held by the trustee's 
spouse or one or more of the trustee's descendants, siblings, or parents, or the spouse of 
any of them.
(4)
If the trustee of a revocable trust holds an interest as a general partner, the settlor is 
personally liable for contracts and other obligations of the partnership as if the settlor 
were a general partner.
Section 181, Section 
75B-2-1012
, which is renumbered from Section 75-7-1012 is renumbered 
and amended to read:
75-7-1012
75B-2-1012
. Protection of person dealing with trustee.
(1)
A person other than a beneficiary who in good faith assists a trustee, or who in good 
faith and for value deals with a trustee, without knowledge that the trustee is exceeding 
or improperly exercising the trustee's powers is protected from liability as if the trustee 
properly exercised the power.
(2)
A person other than a beneficiary who in good faith deals with a trustee is not required 
to inquire into the extent of the trustee's powers or the propriety of 
their
the trustee's
exercise.
(3)
A person who in good faith delivers assets to a trustee need not ensure 
their
the assets'
proper application.
(4)
A person other than a beneficiary who in good faith assists a former trustee, or who in 
good faith and for value deals with a former trustee, without knowledge that the 
trusteeship has terminated is protected from liability as if the former trustee were still a 
trustee.
(5)
Comparable protective provisions of other laws relating to commercial transactions or 
transfer of securities by fiduciaries prevail over the protection provided by this section.
Section 182, Section 
75B-2-1013
, which is renumbered from Section 75-7-1013 is renumbered 
and amended to read:
75-7-1013
75B-2-1013
. Certification of trust.
(1)
Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, 
the trustee may furnish to the person a certification of trust containing the following 
information:
(a)
that the trust exists and the date the trust instrument was executed;
(b)
the identity of the settlor;
(c)
the identity and address of the currently acting trustee;
(d)
the powers of the trustee in the pending transaction;
(e)
the revocability or irrevocability of the trust and the identity of any person holding a 
power to revoke the trust;
(f)
the authority of cotrustees to sign or otherwise authenticate and whether all or less 
than all are required in order to exercise powers of the trustee; and
(g)
the name in which title to trust property may be taken.
(2)
A certification of trust may be signed or otherwise authenticated by any trustee.
(3)
A certification of trust must state that the trust has not been revoked, modified, or 
amended in any manner that would cause the representations contained in the 
certification of trust to be incorrect.
(4)
A certification of trust need not contain the dispositive terms of a trust.
(5)
A recipient of a certification of trust may require the trustee to furnish copies of those 
excerpts from the original trust instrument and later amendments which designate the 
trustee and confer upon the trustee the power to act in the pending transaction.
(6)
(a)
A person who acts in reliance upon a certification of trust without knowledge that 
the representations contained in it are incorrect is not liable to any person for acting 
and may assume without inquiry the existence of the facts contained in the 
certification. 
(b)
Knowledge of the terms of the trust may not be inferred solely from the fact that a 
copy of all or part of the trust instrument is held by the person relying upon the 
certification.
(7)
A person who in good faith enters into a transaction in reliance upon a certification of 
trust may enforce the transaction against the trust property as if the representations 
contained in the certification were correct.
(8)
A person making a demand for the trust instrument in addition to a certification of trust 
or excerpts is liable for costs, expenses, attorney fees, and damages if the court 
determines that the person did not act in good faith in demanding the trust instrument.
(9)
This section does not limit the right of a person to obtain a copy of the trust instrument 
in a judicial proceeding concerning the trust.
Section 183, Section 
75B-2-1101
, which is renumbered from Section 75-7-1101 is renumbered 
and amended to read:
11. Applicability Provisions
75-7-1101
75B-2-1101
. Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to 
promote uniformity of the law with respect to 
its
this chapter's
 subject matter among states 
that enact 
it
this chapter
.
Section 184, Section 
75B-2-1102
, which is renumbered from Section 75-7-1102 is renumbered 
and amended to read:
75-7-1102
75B-2-1102
. Electronic records and signatures.
The provisions of this chapter governing the legal effect, validity, or enforceability of 
electronic records or electronic signatures, and of contracts formed or performed with the use 
of such records or signatures, conform to the requirements of Section 102 of the Electronic 
Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7002) and supersede, 
modify, and limit the requirements of the Electronic Signatures in Global and National 
Commerce Act.
Section 185, Section 
75B-2-1103
, which is renumbered from Section 75-7-1103 is renumbered 
and amended to read:
75-7-1103
75B-2-1103
. Application to existing relationships.
(1)
Except as otherwise provided, this chapter applies to:
(a)
all trusts created before, on, or after July 1, 2004;
(b)
all judicial proceedings concerning trusts commenced on or after July 1, 2004; and
(c)
judicial proceedings concerning trusts commenced before July 1, 2004
,
 unless the 
court finds that application of a particular provision of this chapter would 
substantially interfere with the effective conduct of the judicial proceedings or 
prejudice the rights of the parties, in which case the particular provision of this 
chapter does not apply and the superseded section will apply.
(2)
Any rule of construction or presumption provided in this chapter applies to trust 
instruments executed before July 1, 2004
,
 unless there is a clear indication of a contrary 
intent in the terms of the trust.
(3)
An act done before July 1, 2004
,
 is not affected by this chapter.
(4)
If a right is acquired, extinguished, or barred upon the expiration of a prescribed period 
that has commenced to run under any other statute before July 1, 2004, that statute 
continues to apply to the right even if 
it
the right
 has been repealed or superseded.
Section 186, Section 
75B-3-101
 is enacted to read:
3. UNIFORM DIRECTED TRUST ACT
75B-3-101
. Reserved.
Reserved.
Section 187, Section 
75B-3-102
, which is renumbered from Section 75-12-102 is renumbered 
and amended to read:
75-12-102
75B-3-102
. Definitions.
As used in this chapter:
(1)
"Breach of trust" includes a violation by a trust director or trustee of a duty imposed on 
the director or trustee by the terms of the trust, this chapter, or the law of this state other 
than this chapter pertaining to trusts.
(2)
"Directed trust" means a trust for which the terms of the trust grant a power of direction.
(3)
"Directed trustee" means a trustee that is subject to a trust director's power of direction.
(4)
"Person" means an individual, estate, business or nonprofit entity, public corporation, 
government or governmental subdivision, agency, instrumentality, or other legal entity.
(5)
(4)
(a)
"Power of direction" means a power over a trust granted to a person by the 
terms of the trust to the extent the power is exercisable while the person is not 
serving as a trustee.
(b)
"Power of direction" includes a power over the investment, management, or 
distribution of trust property or other matters of trust administration.
(c)
"Power of direction" does not include the powers described in Subsection 
75-12-105(2)
75B-3-105(2)
.
(6)
"Settlor" means the same as that term is defined in Section 
75-7-103
.
(7)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the 
United States Virgin Islands, or any territory or insular possession subject to the 
jurisdiction of the United States.
(8)
(5)
"Terms of a trust" means:
(a)
subject to Subsection 
(8)(b)
(5)(b)
, the manifestation of the settlor's intent regarding 
a trust's provisions as:
(i)
expressed in the trust instrument; or
(ii)
established by other evidence that would be admissible in a judicial proceeding; or
(b)
the trust's provisions as established, determined, or amended by:
(i)
a trustee or trust director in accordance with applicable law;
(ii)
a court order; or
(iii)
a nonjudicial settlement agreement under Section 
75-7-110
75B-2-110
.
(9)
(6)
"Trust director" means a person that is granted a power of direction by the terms of 
a trust to the extent the power is exercisable while the person is not serving as a trustee, 
regardless of whether:
(a)
the terms of the trust refer to the person as a trust director; or
(b)
the person is a beneficiary or settlor of the trust.
(10)
"Trustee" includes an original, additional, and successor trustee, and a cotrustee.
Section 188, Section 
75B-3-103
, which is renumbered from Section 75-12-103 is renumbered 
and amended to read:
75-12-103
75B-3-103
. Application -- Principal place of administration.
(1)
This chapter applies to a trust, whenever created, that has the trust's principal place of 
administration in this state, subject to the following rules:
(a)
if the trust was created before May 14, 2019, this chapter applies only to a decision 
or action occurring on or after May 14, 2019; and
(b)
if the principal place of administration of the trust is changed to this state on or after 
May 14, 2019, this chapter applies only to a decision or action occurring on or after 
the date of the change.
(2)
Without precluding other means to establish a sufficient connection with the designated 
jurisdiction in a directed trust, the terms of the trust that designate the principal place of 
administration of the trust are valid and controlling if:
(a)
a trustee's principal place of business is located in, or a trustee is a resident of, the 
designated jurisdiction;
(b)
a trust director's principal place of business is located in, or a trust director is a 
resident of, the designated jurisdiction; or
(c)
all or part of the administration occurs in the designated jurisdiction.
Section 189, Section 
75B-3-104
, which is renumbered from Section 75-12-104 is renumbered 
and amended to read:
75-12-104
75B-3-104
. Common law and principles of equity.
The common law and principles of equity supplement this chapter, except to the extent 
modified by this chapter or the law of this state other than this chapter.
Section 190, Section 
75B-3-105
, which is renumbered from Section 75-12-105 is renumbered 
and amended to read:
75-12-105
75B-3-105
. Exclusions.
(1)
As used in this section, "power of appointment" means a power that enables a person 
acting in a nonfiduciary capacity to designate a recipient of an ownership interest in, or 
another power of appointment over, trust property.
(2)
This chapter does not apply to:
(a)
a power of appointment;
(b)
a power to appoint or remove a trustee or trust director;
(c)
a power of a settlor over a trust to the extent the settlor has a power to revoke the 
trust;
(d)
a power of a beneficiary over a trust to the extent the exercise or nonexercise of the 
power affects the beneficial interest of:
(i)
the beneficiary; or
(ii)
another beneficiary represented by the beneficiary under 
Sections 
75-7-301
through 
75-7-305
Chapter 2, Part 3, Representation,
 with respect to the exercise or 
nonexercise of the power; or
(e)
power over a trust if:
(i)
the terms of the trust provide that the power is held in a nonfiduciary capacity; and
(ii)
the power must be held in a nonfiduciary capacity to achieve the settlor's tax 
objectives under the Internal Revenue Code of 1986, as amended, and any related 
Internal Revenue Service regulations.
(3)
Unless the terms of a trust provide otherwise, a power granted to a person to designate a 
recipient of an ownership interest in, or power of appointment over, trust property that is 
exercisable while the person is not serving as trustee is a power of appointment and not a 
power of direction.
Section 191, Section 
75B-3-106
, which is renumbered from Section 75-12-106 is renumbered 
and amended to read:
75-12-106
75B-3-106
. Powers of trust director.
(1)
Subject to Section 
75-12-107
75B-3-107
, the terms of a trust may grant a power of 
direction to a trust director.
(2)
Unless the terms of a trust provide otherwise:
(a)
a trust director may exercise any further power appropriate to the exercise or 
nonexercise of a power of direction granted to the director under Subsection 
(1)
; and
(b)
trust directors with joint powers shall act by majority decision.
Section 192, Section 
75B-3-107
, which is renumbered from Section 75-12-107 is renumbered 
and amended to read:
75-12-107
75B-3-107
. Limitations on trust director.
A trust director is subject to the same rules as a trustee in a like position and under 
similar circumstances in the exercise or nonexercise of a power of direction or further power 
under Subsection 
75-12-106(2)(a)
75B-3-106(2)(a)
 regarding:
(1)
a payback provision in the terms of a trust necessary to comply with the Medicaid 
reimbursement requirements in Section 1917 of the Social Security Act, 42 U.S.C. Sec. 
1396p(d)(4)(A), as amended, and any related regulations; and
(2)
a charitable interest in the trust, including notice regarding the interest to the attorney 
general.
Section 193, Section 
75B-3-108
, which is renumbered from Section 75-12-108 is renumbered 
and amended to read:
75-12-108
75B-3-108
. Duty and liability of trust director.
(1)
Subject to Subsection 
(2)
, with respect to a power of direction or further power under 
Subsection 
75-12-106(2)(a)
75B-3-106(2)(a)
:
(a)
a trust director has the same fiduciary duty and liability in the exercise or 
nonexercise of the power:
(i)
if the power is held individually, as a sole trustee in a like position and under 
similar circumstances; or
(ii)
if the power is held jointly with a trustee or another trust director, as a cotrustee in 
a like position and under similar circumstances; and
(b)
the terms of the trust may vary the director's duty or liability to the same extent the 
terms of the trust could vary the duty or liability of a trustee in a like position and 
under similar circumstances.
(2)
Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or 
otherwise authorized or permitted by law other than this chapter to provide health care in 
the ordinary course of the director's business or practice of a profession, to the extent the 
director acts in that capacity, the director has no duty or liability under this chapter.
(3)
The terms of a trust may impose a duty or liability on a trust director in addition to the 
duties and liability described in this section.
Section 194, Section 
75B-3-109
, which is renumbered from Section 75-12-109 is renumbered 
and amended to read:
75-12-109
75B-3-109
. Duty and liability of directed trustee.
(1)
Subject to Subsection 
(2)
, a directed trustee shall take reasonable action to comply with 
a trust director's exercise or nonexercise of a power of direction or further power under 
Subsection 
75-12-106(2)(a)
75B-3-106(2)(a)
, and the trustee is not liable for the action.
(2)
A directed trustee may not comply with a trust director's exercise or nonexercise of a 
power of direction or further power under Subsection 
75-12-106(2)(a)
75B-3-106(2)(a)
to the extent that by complying the trustee would engage in willful misconduct.
(3)
An exercise of a power of direction under which a trust director may release a trustee or 
another trust director from liability for breach of trust is not effective if:
(a)
the breach involved the trustee's or other director's willful misconduct;
(b)
the release was induced by improper conduct of the trustee or other director in 
procuring the release; or
(c)
at the time of the release, the director did not know the material facts relating to the 
breach.
(4)
A directed trustee that has reasonable doubt about the directed trustee's duty under this 
section may petition the court for instructions.
(5)
The terms of a trust may impose a duty or liability on a directed trustee in addition to 
the duties and liabilities under this section.
Section 195, Section 
75B-3-110
, which is renumbered from Section 75-12-110 is renumbered 
and amended to read:
75-12-110
75B-3-110
. Duty to provide information to trust director or trustee.
(1)
Subject to Section 
75-12-111
75B-3-111
, a trustee shall provide information to a trust 
director to the extent the information is reasonably related both to:
(a)
the powers or duties of the trustee; and
(b)
the powers or duties of the director.
(2)
Subject to Section 
75-12-111
75B-3-111
, a trust director shall provide information to a 
trustee or another trust director to the extent the information is reasonably related both to:
(a)
the powers or duties of the director; and
(b)
the powers or duties of the trustee or other director.
(3)
A trustee that acts in reliance on information provided by a trust director is not liable for 
a breach of trust to the extent the breach resulted from the reliance, unless, by acting, the 
trustee engages in willful misconduct.
(4)
A trust director that acts in reliance on information provided by a trustee or another trust 
director is not liable for a breach of trust to the extent the breach resulted from the 
reliance, unless, by acting, the trust director engages in willful misconduct.
Section 196, Section 
75B-3-111
, which is renumbered from Section 75-12-111 is renumbered 
and amended to read:
75-12-111
75B-3-111
. No duty to monitor, inform, or advise.
(1)
Unless the terms of a trust provide otherwise:
(a)
a trustee does not have a duty to:
(i)
monitor a trust director; or
(ii)
inform or give advice to a settlor, beneficiary, trustee, or trust director concerning 
an instance in which the trustee might have acted differently than the director; and
(b)
by taking an action described in Subsection 
(1)(a)
, a trustee does not assume the duty 
excluded under Subsection 
(1)(a)
.
(2)
Unless the terms of a trust provide otherwise:
(a)
a trust director does not have a duty to:
(i)
monitor a trustee or another trust director; or
(ii)
inform or give advice to a settlor, beneficiary, trustee, or another trust director 
concerning an instance in which the director might have acted differently than a 
trustee or another trust director; and
(b)
by taking an action described in Subsection 
(1)(a)
, a trust director does not assume 
the duty excluded under Subsection 
(1)(a)
.
Section 197, Section 
75B-3-112
, which is renumbered from Section 75-12-112 is renumbered 
and amended to read:
75-12-112
75B-3-112
. Application to cotrustee.
The terms of a trust may relieve a cotrustee from duty and liability with respect to 
another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent 
that, in a directed trust, a directed trustee is relieved from duty and liability with respect to a 
trust director's power of direction under Sections 
75-12-109
 through 
75-12-111
75B-3-109
through 
75B-3-111
.
Section 198, Section 
75B-3-113
, which is renumbered from Section 75-12-113 is renumbered 
and amended to read:
75-12-113
75B-3-113
. Limitation of action against trust director.
(1)
An action against a trust director for a breach of trust must be commenced within the 
same limitation period as described in Section 
75-7-1005
75B-2-1005
 for an action for 
a breach of trust against a trustee in a like position and under similar circumstances.
(2)
A report or accounting has the same effect on the limitation period for an action against 
a trust director for breach of trust that the report or accounting would have as described 
in Section 
75-7-1005
75B-2-1005
 in an action for a breach of trust against a trustee in a 
like position and under similar circumstances.
Section 199, Section 
75B-3-114
, which is renumbered from Section 75-12-114 is renumbered 
and amended to read:
75-12-114
75B-3-114
. Defenses in action against trust director.
In an action against a trust director for a breach of trust, the director may assert the same 
defenses a trustee in a like position and under similar circumstances could assert in an action 
for a breach of trust against the trustee.
Section 200, Section 
75B-3-115
, which is renumbered from Section 75-12-115 is renumbered 
and amended to read:
75-12-115
75B-3-115
. Jurisdiction over trust director.
(1)
By accepting appointment as a trust director of a trust subject to this chapter, the 
director submits to personal jurisdiction of the courts of this state regarding any matter 
related to a power or duty of the director.
(2)
This section does not preclude other methods of obtaining jurisdiction over a trust 
director.
Section 201, Section 
75B-3-116
, which is renumbered from Section 75-12-116 is renumbered 
and amended to read:
75-12-116
75B-3-116
. Office of trust director.
Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a 
trust director regarding the following matters:
(1)
acceptance under Section 
75-7-701
75B-2-701
;
(2)
giving of bond to secure performance under Section 
75-7-702
75B-2-702
;
(3)
reasonable compensation under Section 
75-7-708
75B-2-708
;
(4)
resignation under Section 
75-7-705
75B-2-705
;
(5)
removal under Section 
75-7-706
75B-2-706
; and
(6)
vacancy and appointment of successor under Section 
75-7-704
75B-2-704
.
Section 202, Section 
75B-3-117
, which is renumbered from Section 75-12-117 is renumbered 
and amended to read:
75-12-117
75B-3-117
. Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to 
promote uniformity of the law with respect to 
its
this chapter's
 subject matter among states 
that enact 
it
this chapter
.
Section 203, Section 
75B-3-118
, which is renumbered from Section 75-12-118 is renumbered 
and amended to read:
75-12-118
75B-3-118
. Electronic records and signatures.
This chapter modifies, limits, or supersedes the 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 of any of 
the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Section 204, Section 
78B-5-505
 is amended to read:
78B-5-505
. Property exempt from execution.
(1)
(a)
An individual is entitled to exemption of the following property:
(i)
a burial plot for the individual and the individual's family;
(ii)
health aids reasonably necessary to enable the individual or a dependent to work 
or sustain health;
(iii)
benefits that the individual or the individual's dependent have received or are 
entitled to receive from any source because of:
(A)
disability;
(B)
illness; or
(C)
unemployment;
(iv)
benefits paid or payable for medical, surgical, or hospital care to the extent that 
the benefits are used by an individual or the individual's dependent to pay for that 
care;
(v)
veterans benefits;
(vi)
money or property received, and rights to receive money or property for child 
support;
(vii)
money or property received, and rights to receive money or property for alimony 
or separate maintenance, to the extent reasonably necessary for the support of the 
individual and the individual's dependents;
(viii)
(A)
one:
(I)
clothes washer and dryer;
(II)
refrigerator;
(III)
freezer;
(IV)
stove;
(V)
microwave oven; and
(VI)
sewing machine;
(B)
all carpets in use;
(C)
provisions sufficient for 12 months actually provided for individual or family 
use;
(D)
all wearing apparel of every individual and dependent, not including jewelry 
or furs; and
(E)
all beds and bedding for every individual or dependent;
(ix)
except for works of art held by the debtor as part of a trade or business, works of 
art:
(A)
depicting the debtor or the debtor and the debtor's resident family; or
(B)
produced by the debtor or the debtor and the debtor's resident family;
(x)
proceeds of insurance, a judgment, or a settlement, or other rights accruing as a 
result of bodily injury of the individual or of the wrongful death or bodily injury 
of another individual of whom the individual was or is a dependent to the extent 
that those proceeds are compensatory;
(xi)
the proceeds or benefits of any life insurance contracts or policies paid or 
payable to the debtor or any trust of which the debtor is a beneficiary upon the 
death of the spouse or children of the debtor, provided that the contract or policy 
has been owned by the debtor for a continuous unexpired period of one year;
(xii)
the proceeds or benefits of any life insurance contracts or policies paid or 
payable to the spouse or children of the debtor or any trust of which the spouse or 
children are beneficiaries upon the death of the debtor, provided that the contract 
or policy has been in existence for a continuous unexpired period of one year;
(xiii)
proceeds and avails of any unmatured life insurance contracts owned by the 
debtor or any revocable grantor trust created by the debtor, excluding any 
payments made on the contract during the one year immediately preceding a 
creditor's levy or execution;
(xiv)
except as provided in Subsection 
(1)(b)
, and except for a judgment described in 
Subsection 
75-7-503(2)(c)
75B-2-503(2)(c)
, any money or other assets held for 
or payable to the individual as an owner, participant, or beneficiary from or an 
interest of the individual as an owner, participant, or beneficiary in a fund or 
account, including an inherited fund or account, in a retirement plan or 
arrangement that is described in Section 401(a), 401(h), 401(k), 403(a), 403(b), 
408, 408A, 409, 414(d), 414(e), or 457, Internal Revenue Code, including an 
owner's, a participant's, or a beneficiary's interest that arises by inheritance, 
designation, appointment, or otherwise;
(xv)
the interest of or any money or other assets payable to an alternate payee under a 
qualified domestic relations order as those terms are defined in Section 414(p), 
Internal Revenue Code;
(xvi)
unpaid earnings of the household of the filing individual due as of the date of 
the filing of a bankruptcy petition in the amount of 1/24 of the Utah State annual 
median family income for the household size of the filing individual as 
determined by the Utah State Annual Median Family Income reported by the 
United States Census Bureau and as adjusted based upon the Consumer Price 
Index for All Urban Consumers for an individual whose unpaid earnings are paid 
more often than once a month or, if unpaid earnings are not paid more often than 
once a month, then in the amount of 1/12 of the Utah State annual median family 
income for the household size of the individual as determined by the Utah State 
Annual Median Family Income reported by the United States Census Bureau and 
as adjusted based upon the Consumer Price Index for All Urban Consumers;
(xvii)
except for curio or relic firearms, as defined in Section 
76-10-501
, any three of 
the following:
(A)
one handgun and ammunition for the handgun not exceeding 1,000 rounds;
(B)
one shotgun and ammunition for the shotgun not exceeding 1,000 rounds; and
(C)
one shoulder arm and ammunition for the shoulder arm not exceeding 1,000 
rounds; and
(xviii)
money, not exceeding $200,000, in the aggregate, that an individual deposits, 
more than 18 months before the day on which the individual files a petition for 
bankruptcy or an action is filed by a creditor against the individual, as applicable, 
in all tax-advantaged accounts for saving for higher education costs on behalf of a 
particular individual that meets the requirements of Section 529, Internal Revenue 
Code.
(b)
(i)
Any money, asset, or other interest in a fund or account that is exempt from a 
claim of a creditor of the owner, beneficiary, or participant under Subsection 
(1)(a)(xiv)
 does not cease to be exempt after the owner's, participant's, or 
beneficiary's death by reason of a direct transfer or eligible rollover to an inherited 
individual retirement account as defined in Section 408(d)(3), Internal Revenue 
Code.
(ii)
Subsections 
(1)(a)(xiv)
 and 
(1)(b)(i)
 apply to all inherited individual retirement 
accounts without regard to the date on which the account was created.
(c)
(i)
The exemption granted by Subsection 
(1)(a)(xiv)
 does not apply to:
(A)
an alternate payee under a qualified domestic relations order, as those terms 
are defined in Section 414(p), Internal Revenue Code; or
(B)
amounts contributed or benefits accrued by or on behalf of a debtor within one 
year before the debtor files for bankruptcy, except amounts directly rolled over 
from other funds that are exempt from attachment under this section.
(ii)
The exemptions in Subsections 
(1)(a)(xi)
, 
(xii)
, and 
(xiii)
 do not apply to the 
secured creditor's interest in proceeds and avails of any matured or unmatured life 
insurance contract assigned or pledged as collateral for repayment of a loan or 
other legal obligation.
(2)
(a)
Disability benefits, as described in Subsection 
(1)(a)(iii)(A)
, and veterans benefits, 
as described in Subsection 
(1)(a)(v)
, may be garnished on behalf of a victim who is a 
child if the person receiving the benefits has been convicted of a felony sex offense 
against the victim and ordered by the sentencing court to pay restitution to the victim.
(b)
The exemption from execution under this Subsection 
(2)
 shall be reinstated upon 
payment of the restitution in full.
(3)
The exemptions under this section do not limit items that may be claimed as exempt 
under Section 
78B-5-506
.
(4)
(a)
The exemptions described in Subsections 
(1)(a)(iii)
, 
(iv)
, 
(vi)
, 
(vii)
, 
(x)
, 
(xii)
, 
(xiii)
, 
(xiv)
, 
(xv)
, 
(xvii)
, and 
(xviii)
 do not apply to a civil accounts receivable or a civil 
judgment of restitution for an individual who is found in contempt under Section 
78B-6-317
.
(b)
Subsection 
(4)(a)
 does not apply to the benefits described in Subsection 
(1)(a)(iii)
 if 
the individual's dependent received, or is entitled to receive, the benefits.
Section 205, 
Repealer.
Title.
Title.
Section 206. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
Section 207. 
Coordinating S.B. 100 with S.B. 134.
If S.B. 100, Estate Planning Recodification, and S.B. 134, Health-Care Decisions Act 
Amendments, both pass and become law, the Legislature intends that, on January 1, 2026, the 
following subsections enacted by S.B. 134 be deleted and the remaining subsections 
renumbered accordingly:
(1) Subsection 
75A-9-101(7)
, defining the term, "Electronic";
(2) Subsection 
75A-9-101(10)
, defining the term, "Guardian";
(3) Subsection 
75A-9-101(19)
, defining the term, "Person";
(4) Subsection 
75A-9-101(24)
, defining the term, "Record";
(5) Subsection 
75A-9-101(26)
, defining the term, "Sign"; and
(6) Subsection 
75A-9-101(27)
, defining the term, "State".
Section 208. 
Coordinating S.B. 100 with H.B. 334.
If S.B. 100, Estate Planning Recodification, and H.B. 334, Guardianships and Supported 
Decision-Making Agreements Amendments, both pass and become law, the Legislature 
intends that, on May 7, 2025, the changes in H.B. 334 to Subsection 
7-5-1(1)(b)
 not be made.
3-12-25 1:59 PM