Utah · Utah Code §§75-6-401–417Utah transfer on death deeds: the rules and what the beneficiary records before selling

Utah's Uniform Real Property Transfer on Death Act applies to transferors dying on or after May 8, 2018 (Utah Code §75-6-403). An individual may transfer property to one or more named beneficiaries effective at death, but a class gift – for example "my children" without names – can't be made by a TOD deed (§75-6-405). The deed must have the elements of a recordable deed, state that the transfer occurs at death, and be recorded before death with the recorder of the county where the property is (§75-6-409); it needs no notice, delivery, acceptance or consideration (§75-6-410). It can be revoked only by a later TOD deed, an instrument of revocation, or an inter vivos deed that revokes it expressly or by inconsistency, acknowledged after the deed and recorded before death – not by a revocatory act on the recorded deed (§75-6-411). During life it doesn't affect the owner's right to transfer or encumber the property (§75-6-412). At death the surviving beneficiaries take subject to all mortgages, liens and other interests, a surviving joint owner keeps the property, and the deed gives no warranty of title; an affidavit substantially in the form of §57-1-5.1 is then recorded with the county recorder, with the legal description, the TOD deed's entry number and book and page, and a copy of the death certificate attached (§75-6-413). If the probate estate can't cover allowed claims or statutory allowances, only the estate may enforce them against the property, in a proceeding started within 12 months after death (§75-6-415).