Effective 5/6/2026
75B-1-101 Definitions for title.
          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)”Nongeneral power of appointment” means the same as that term is defined in Section 75A-4-102.
(22)”Organization” means the same as that term is defined in Section 75-1-201.
(23)”Parent” means the same as that term is defined in Section 75-1-201.
(24)”Person” 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)”Petition” means the same as that term is defined in Section 75-1-201.
(27)”Power of appointment” means the same as that term is defined in Section 75A-4-102.
(28)”Principal” means the same as that term is defined in Section 75A-5-102.
(29)”Property” means the same as that term is defined in Section 75-1-201.
(30)”Protected person” means the same as that term is defined in Section 75-1-201.
(31)”Record” means the same as that term is defined in Section 75-1-201.
(32)”Security” means the same as that term is defined in Section 75-1-201.
(33)
(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.
(34)”Sign” means the same as that term is defined in Section 75-1-201.
(35)”State” means the same as that term is defined in Section 75-1-201.
(36)”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.
(37)”Testator” means the same as that term is defined in Section 75-1-201.
(38)
(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.
(39)”Trust company” means the same as that term is defined in Section 7-5-101.
(40)”Trustee” means an original, additional, and successor trustee, and cotrustee, whether or not appointed or confirmed by the court.
(41)”Trust instrument” means an instrument executed by the settlor that contains terms of the trust, including any amendments thereto.
(42)”Ward” means the same as that term is defined in Section 75-1-201.
(43)”Will” means the same as that term is defined in Section 75-1-201.

Amended by Chapter 112, 2026 General Session