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:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 75-2-105, as repealed and reenacted by Laws of Utah 1998, Chapter 39
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
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, but may exercise its discretion to abandon or decline to administer
41 property of no value or of insufficient value to justify its collection or continued administration.
42 (4) If a probate or other proceeding has not adjudicated the state's rights under
43 Subsection (2), the state, and the Utah School and Institutional Trust Lands Administration
44 with respect to any minerals or mineral proceeds referenced in Subsection (3), may bring an
45 action in district court in any district in which part of the property related to the minerals or
46 mineral proceeds is located to quiet title the minerals, mineral proceeds, or property.
47 (5) In an action brought under Subsection (4), the district court shall quiet title to the
48 minerals, mineral proceeds, or property in the state if:
49 (a) no interested person appears in the action and demonstrates entitlement to the
50 minerals, mineral proceeds, or property after notice has been given pursuant to Section
51 78B-6-1303 and in the manner described in Section 75-1-401; and
52 (b) the requirements of Section 78B-6-1315 are met.
53 (6) (a) If an operator, owner, or payor determines that minerals or mineral proceeds
54 form part of a decedent's intestate estate, and has not located an heir of the decedent, the
55 operator, owner, or payor shall submit to the Utah School and Institutional Trust Lands
56 Administration the information in the operator's, owner's, or payor's possession concerning the
57 identity of the decedent, the results of a good faith search for heirs specified in Section
58 75-2-103, the property interest from which the minerals or mineral proceeds derive, and any
59 potential heir.
60 (b) The operator, owner, or payor shall submit the information described in Subsection
61 (6)(a) within 180 days of acquiring the information.