H.B. 282

1

UTAH UNIFORM PROBATE CODE
2 AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ross I. Romero
6 Senate Sponsor: Gregory S. Bell
7
8 LONG TITLE
9 General Description:
10 This bill increases the total amount of an estate that can be settled by an affidavit from
11 $25,000 to $75,000.
12 Highlighted Provisions:
13 This bill:
14 . provides that an estate of less than $75,000 may be settled by affidavit.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 75-3-1201, as last amended by Chapter 213, Laws of Utah 1988
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 75-3-1201 is amended to read:
25 75-3-1201. Collection of personal property by affidavit.
26 (1) Thirty days after the death of a decedent, any person indebted to the decedent or
27 having possession of tangible personal property or an instrument evidencing a debt, obligation,

28 stock, or chose in action belonging to the decedent shall pay the indebtedness or deliver the
29 tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in
30 action to a person claiming to be the successor of the decedent upon being presented an
31 affidavit made by or on behalf of the successor stating that:
32 (a) the value of the entire estate subject to administration, wherever located, less liens
33 and encumbrances, does not exceed [$25,000] $75,000;
34 (b) [thirty] 30 days have elapsed since the death of the decedent;
35 (c) no application or petition for the appointment of a personal representative is
36 pending or has been granted in any jurisdiction; and
37 (d) the claiming successor is entitled to payment or delivery of the property.
38 (2) A transfer agent of any security shall change the registered ownership on the books
39 of a corporation from the decedent to the successor or successors upon the presentation of an
40 affidavit and the security as provided in Subsection (1).
41 (3) The Motor Vehicle Division of the State Tax Commission shall transfer title of not
42 more than four boats, motor vehicles, trailers, or semitrailers, registered under Title 41, Motor
43 Vehicles, or Title 73, Water and Irrigation from the decedent to the successor or successors
44 upon presentation of an affidavit as provided in Subsection (1) and upon payment of the
45 necessary fees, except that in lieu of that language in Subsection (1) (a) the affidavit shall state
46 that the value of the entire estate subject to administration, wherever located, other than those
47 motor vehicles, trailers, or semitrailers, less liens and encumbrances, does not exceed
48 [$25,000] $75,000.




Legislative Review Note
as of 1-12-06 1:57 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel