This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 5, 2019 at 10:04 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill modifies intestate succession amendments.
10 Highlighted Provisions:
11 This bill:
12 ▸ clarifies no taker provision;
13 ▸ addresses minerals or mineral proceeds when there is no taker; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 75-2-105, as repealed and reenacted by Laws of Utah 1998, Chapter 39
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 75-2-105 is amended to read:
25 75-2-105. No taker -- Minerals and mineral proceeds.
26 (1) As used in this section:
27 (a) "Mineral" means the same as that term is defined in Section 67-4a-102.
28 (b) "Mineral proceeds" means the same as that term is defined in Section 67-4a-102.
29 (c) "Operator" means the same as that term is defined in Section 40-6-2, 40-8-4, or
30 40-10-3, and includes any other person holding mineral proceeds of an owner.
31 (d) "Owner" means the same as that term is defined in Section 38-10-101, 40-6-2, or
32 40-8-4.
33 (e) "Payor" means the same as that term is defined in Section 40-6-2, and includes a
34 person who undertakes or has a legal obligation to distribute any mineral proceeds.
35 (2) If there is no taker under [
36 upon the decedent's death to the state for the benefit of the permanent state school fund.
37 (3) When minerals or mineral proceeds pass to the state pursuant to Subsection (2), the
38 Utah School and Institutional Trust Lands Administration shall administer the interests in the
39 minerals or mineral proceeds for the support of the common schools pursuant to Sections
40 53C-1-102 and 53C-1-302 Ŝ→ , but may exercise its discretion to abandon or decline to
40a administer property of no value or of insufficient value to justify its collection or continued
40b administration ←Ŝ .
41 (4) If a probate or other proceeding has not adjudicated the state's rights under
42 Subsection (2), the state, and the Utah School and Institutional Trust Lands Administration
43 with respect to any minerals or mineral proceeds referenced in Subsection (3), may bring an
44 action in district court in any district in which part of the property related to the minerals or
45 mineral proceeds is located to quiet title the minerals, mineral proceeds, or property.
46 (5) In an action brought under Subsection (4), the district court shall quiet title Ŝ→ to ←Ŝ
46a the
47 minerals, mineral proceeds, or property in the state if:
48 (a) no interested person appears in the action and demonstrates entitlement to the
49 minerals, mineral proceeds, or property after notice has been given pursuant to Ŝ→ [
50 4, Notice, Parties, and Representation in Estate Litigation and Other Matters
50a and in the manner described in Section 75-1-401 ←Ŝ ; and
51 (b) the requirements of Section 78B-6-1315 are met.
52 (6) (a) If an operator, owner, or payor determines that minerals or mineral proceeds
53 form part of a decedent's Ŝ→ intestate ←Ŝ estate, and has not located an heir Ŝ→ [
53a of the decedent, the
54 operator, owner, or payor shall submit to the Utah School and Institutional Trust Lands
55 Administration the information in the operator's, owner's, or payor's possession concerning the
56 identity of the decedent, Ŝ→ the results of a good faith search for heirs specified in Section 75-2-
56a 103, ←Ŝ the property interest from which the minerals or mineral proceeds
57 derive, and any potential heir Ŝ→ [
58 (b) The operator, owner, or payor shall submit the information described in Subsection
59 (6)(a) within 180 days of acquiring the information.