UT House Bill 94 | NNA
Law

UT House Bill 94

Notary Law Update: UT House Bill 94

State: Utah

Summary:

House Bill 94 enacts the Uniform Real Property Transfer on Death Act, creating a transfer on death deed that must be notarized.

Signed:  March 13, 2018

Effective:  May 12, 2018

Chapter: TBD

Affects:

Creates Sections 75-6-401 through 75-6-419 in the Utah Code Annotated

Changes:
  1. Permits the transfer of real property via a transfer on death deed.
  2. Requires a transfer on death deed to conform to the formalities (e.g. acknowledgment, notarization) of an inter vivos deed.
  3. Requires the transfer on death deed to be recorded prior to the grantor's death.
    Clarifies that a transfer on death deed is nontestamentary (is not a "last will" and is not required to be probated as such).
  4. Provides that the capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
  5. Provides a form for a transfer on death deed.
Analysis:

House Bill 94 enacts the Uniform Real Property Transfer on Death Act, allowing an owner of a property to deed the property to a beneficiary of the owner's choosing effective upon the owner's death instead of having to bequeath the property in a will or other estate document. The transfer on death deed must follow the typical formalities of any other type of deed, including being acknowledged before a Notary.

Read the bill text.

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