Revocable Living Trusts in Utah

Utah has adopted the Uniform Trust Code, now codified in Utah Code Title 75B, Chapter 2 (Trusts, renumbered by Chapter 310, 2025 General Session). A trust is created only if the settlor has capacity (the same standard as for making a will), indicates an intention to create the trust, the trust has a definite beneficiary (or is a charitable, animal-care or noncharitable-purpose trust), and the other statutory requirements are met. A trust need not be in writing, but an oral trust and its terms can be proved only by clear and convincing evidence. For trusts created by instruments signed on or after May 1, 2004, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Property transferred to the trustee passes under the trust terms without probate; assets left in the decedent's own name may still need probate or a small estate affidavit.

Non-probate transfers available in Utah: (1) Transfer on death deed for real estate, recorded before death, with an optional statutory form (Utah Code §§ 75-6-401 to 75-6-416). (2) Joint bank accounts belong to the surviving party, and P.O.D. accounts pass to the named payee (Utah Code § 75-6-104). (3) Transfer-on-death registration of securities in beneficiary form (Utah Code Title 75, Chapter 6, Part 3). (4) Survivorship affidavit to transfer up to four vehicles, boats, trailers or semi-trailers when the rest of the estate subject to administration is $100,000 or less (Utah State Tax Commission form TC-569C, under Utah Code § 75-3-1201). (5) Small estate affidavit for personal property (Utah Code § 75-3-1201). (6) Revocable living trust (Utah Code Title 75B, Chapter 2).