<section number="75B-1-101"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">112</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions for title.</catchline><tab/>As used in this title:<subsection number="75B-1-101(1)">"Agent" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(2)">"Beneficiary" means a person that:<subsection number="75B-1-101(2)(a)">has a present or future beneficial interest in a trust, vested or contingent; or</subsection><subsection number="75B-1-101(2)(b)">in a capacity other than that of trustee, holds a power of appointment over trust property.</subsection></subsection><subsection number="75B-1-101(3)">"Charitable trust" means a trust, or portion of a trust, created for a charitable purpose described in Subsection <xref depth="4" refnumber="75B-2-405(1)">75B-2-405(1)</xref>.</subsection><subsection number="75B-1-101(4)">"Child" means, except as provided in Sections <xref depth="3" refnumber="75B-2-503">75B-2-503</xref> and <xref depth="3" refnumber="75B-2-504">75B-2-504</xref>, the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(5)">"Claims" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(6)">"Conservator" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(7)">"Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.</subsection><subsection number="75B-1-101(8)">"Descendant" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(9)">"Devise" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(10)">"Distributee" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(11)">"Estate" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(12)">"Fiduciary" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(13)">"Governing instrument" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(14)">"Guardian" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(15)">"Incapacitated" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(16)">"Income" means the same as that term is defined in Section <xref depth="3" refnumber="75A-5-102">75A-5-102</xref>.</subsection><subsection number="75B-1-101(17)">"Interested person" means, except as provided in Section <xref depth="3" refnumber="75B-2-110">75B-2-110</xref>, the same as that term is defined in Section <xref depth="3" refnumber="75-1-102">75-1-102</xref>.</subsection><subsection number="75B-1-101(18)">"Lease" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(19)">"Minor" means an individual who is younger than 18 years old.</subsection><subsection number="75B-1-101(20)">"Mortgage" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(21)">"Nongeneral power of appointment" means the same as that term is defined in Section <xref depth="3" refnumber="75A-4-102">75A-4-102</xref>.</subsection><subsection number="75B-1-101(22)">"Organization" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(23)">"Parent" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(24)">"Person" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(25)">"Personal representative" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(26)">"Petition" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(27)">"Power of appointment" means the same as that term is defined in Section <xref depth="3" refnumber="75A-4-102">75A-4-102</xref>.</subsection><subsection number="75B-1-101(28)">"Principal" means the same as that term is defined in Section <xref depth="3" refnumber="75A-5-102">75A-5-102</xref>.</subsection><subsection number="75B-1-101(29)">"Property" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(30)">"Protected person" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(31)">"Record" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(32)">"Security" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(33)"><subsection number="75B-1-101(33)(a)">"Settlor" means a person, including a testator, who creates, or contributes property to, a trust.</subsection><subsection number="75B-1-101(33)(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.</subsection></subsection><subsection number="75B-1-101(34)">"Sign" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(35)">"State" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(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.</subsection><subsection number="75B-1-101(37)">"Testator" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(38)"><subsection number="75B-1-101(38)(a)">"Trust" means:<subsection number="75B-1-101(38)(a)(i)">a health savings account, as defined in Section 223 of the Internal Revenue Code;</subsection><subsection number="75B-1-101(38)(a)(ii)">an express trust, private or charitable, with additions thereto, wherever and however created; or</subsection><subsection number="75B-1-101(38)(a)(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.</subsection></subsection><subsection number="75B-1-101(38)(b)">"Trust" does not include:<subsection number="75B-1-101(38)(b)(i)">a constructive trust;</subsection><subsection number="75B-1-101(38)(b)(ii)">a resulting trust;</subsection><subsection number="75B-1-101(38)(b)(iii)">a conservatorship;</subsection><subsection number="75B-1-101(38)(b)(iv)">a personal representative;</subsection><subsection number="75B-1-101(38)(b)(v)">a trust account as defined in Title 75, Chapter 6, Nonprobate Transfers;</subsection><subsection number="75B-1-101(38)(b)(vi)">a custodial arrangement under Title 75A, Chapter 8, Uniform Transfers To Minors Act;</subsection><subsection number="75B-1-101(38)(b)(vii)">a business trust providing for certificates to be issued to beneficiaries;</subsection><subsection number="75B-1-101(38)(b)(viii)">a common trust fund;</subsection><subsection number="75B-1-101(38)(b)(ix)">a voting trust;</subsection><subsection number="75B-1-101(38)(b)(x)">a preneed funeral plan under Title 58, Chapter 9, Funeral Services Licensing Act;</subsection><subsection number="75B-1-101(38)(b)(xi)">a security arrangement;</subsection><subsection number="75B-1-101(38)(b)(xii)">a liquidation trust;</subsection><subsection number="75B-1-101(38)(b)(xiii)">a trust for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind; or</subsection><subsection number="75B-1-101(38)(b)(xiv)">any arrangement under which a person is nominee or escrowee for another person.</subsection></subsection></subsection><subsection number="75B-1-101(39)">"Trust company" means the same as that term is defined in Section <xref depth="3" refnumber="7-5-101">7-5-101</xref>.</subsection><subsection number="75B-1-101(40)">"Trustee" means an original, additional, and successor trustee, and cotrustee, whether or not appointed or confirmed by the court.</subsection><subsection number="75B-1-101(41)">"Trust instrument" means an instrument executed by the settlor that contains terms of the trust, including any amendments thereto.</subsection><subsection number="75B-1-101(42)">"Ward" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75B-1-101(43)">"Will" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection></section>