Utah Transfer on Death Deed

Introduction

Key Things to Know

1. 1

   A Utah transfer on death deed lets you name who inherits a piece of real property, then hands that property to the named person the moment you die, with no probate case in between. Utah's Uniform Real Property Transfer on Death Act supplies the rules at Utah Code 75-6-401 and following, and 75-6-405 is the section that authorizes the deed.

2. 2

   While you are living, the deed sits dormant against your title. Ownership stays entirely yours, so you may sell the property, borrow against it, or cancel the deed outright, and the person you named holds no stake until the day you die (Utah Code 75-6-412).

3. 3

   Utah treats the document like any deed that goes on record, so it needs the same elements and formalities: you sign it, and a notary acknowledges your signature. No witnesses are called for (Utah Code 75-6-409).

4. 4

   Utah attaches no day-count deadline, yet the deed accomplishes nothing unless it reaches the county recorder for the county where the land sits before you die (Utah Code 75-6-409(3)). Getting it on record during your lifetime is what makes it operate.

5. 5

   The wording has to say the beneficiary receives the property at your death (Utah Code 75-6-409). Utah even publishes a fill-in statutory form you may copy, at Utah Code 75-6-416.

6. 6

   To undo the deed while you are alive, you record one of three things: a revocation instrument, a fresh transfer on death deed, or an ordinary deed that moves the property. A will does none of this (Utah Code 75-6-411).

7. 7

   Whatever mortgages, liens, and claims sit on the property when you die travel with it to the beneficiary, so the deed on its own wipes out none of the debt tied to the land.

Utah Requirements for Transfer on Death Deed

• Use a Properly Recordable Deed Form

  A Utah transfer on death deed must contain the essential elements and formalities of a properly recordable inter vivos deed and must state that the transfer to the beneficiary occurs at the owner death (Utah Code 75-6-409). Utah provides an optional statutory form in Utah Code 75-6-416.

• Legal Description and Parcel Number

  The full legal description of the property from the current recorded deed, plus the street address and the parcel or serial number. A street address alone is not enough to record the deed with the county recorder.

• Name the Beneficiary and an Alternate

  The full legal name of the beneficiary who will receive the property at the owner death, and an alternate beneficiary if the first does not survive the owner. Utah Code 75-6-405 allows one or more beneficiaries, so naming a backup keeps the property out of probate if the first beneficiary dies first.

• Notarize the Signature

  The owner must sign the deed and have the signature acknowledged before a notary, because the deed needs the formalities of a properly recordable deed (Utah Code 75-6-409). Utah does not require witnesses.

• Record With the County Recorder Before Death

  The deed is not effective unless it is recorded in the county recorder office where the property is located before the owner dies (Utah Code 75-6-409(3)). Utah sets no fixed number of days, so record promptly after signing.

• Revoke Only by Recorded Instrument

  The deed is revocable during the owner life by recording an instrument of revocation, a later transfer on death deed, or an inter vivos deed that transfers the property (Utah Code 75-6-411). A will cannot revoke a Utah transfer on death deed.

• No Effect During the Owner Life

  During the owner life the deed has no effect on ownership and does not affect the rights of the owner creditors (Utah Code 75-6-412). The owner keeps full control and the beneficiary has no interest until the owner dies.

• Property Passes Subject to Existing Liens

  The beneficiary takes the property subject to any mortgages, liens, and claims that exist at the owner death. The deed passes only the property it describes and does not clear debts secured by the property.