1     
RIGHT OF SURVIVORSHIP AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kelly B. Miles

5     
Senate Sponsor: Michael K. McKell

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7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding the right of survivorship for a joint account.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions addressing sums that are in a joint account at the time a party to
13     the account dies; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          75-6-104, as last amended by Laws of Utah 1977, Chapter 194
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 75-6-104 is amended to read:
25          75-6-104. Right of survivorship.
26          (1) (a) Sums remaining on deposit at the death of a party to a joint account belong to
27     the surviving party or parties as against the estate of the decedent unless there is clear and
28     convincing evidence of a different intention [at the time the account is created].
29          (b) A financial institution may rely on the financial institution's records for a joint
30     account when distributing funds for the joint account in accordance with Subsection (1)(a).
31          (c) If there are two or more surviving parties under Subsection (1)(a), their respective
32     ownerships during lifetime shall be in proportion to their previous ownership interests under
33     Section 75-6-103 augmented by an equal share for each survivor of any interest the decedent
34     may have owned in the account immediately before [his] the decedent's death; and the right of
35     survivorship continues between the surviving parties.
36          (2) If the account is a P.O.D. account:
37          (a) [On] on death of one of two or more original payees, the rights to any sums
38     remaining on deposit are governed by Subsection (1); or
39          (b) [On] on death of the sole original payee or of the survivor of two or more original
40     payees, any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to
41     the survivor of them if one or more die before the original payee; if two or more P.O.D. payees
42     survive, there is no right of survivorship in event of death of a P.O.D. payee thereafter unless
43     the terms of the account or deposit agreement expressly provide for survivorship between
44     them.
45          (3) If the account is a trust account:
46          (a) [On] on death of one of two or more trustees, the rights to any sums remaining on
47     deposit are governed by Subsection (1); or
48          (b) [On] on death of the sole trustee or the survivor of two or more trustees, any sums
49     remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to
50     the survivor of them if one or more die before the trustee, unless there is clear evidence of a
51     contrary intent; and if two or more beneficiaries survive, there is no right of survivorship in
52     event of death of any beneficiary thereafter unless the terms of the account or deposit
53     agreement expressly provide for survivorship between them.
54          (4) In other cases, the death of any party to a multiple-party account has no effect on
55     beneficial ownership of the account other than to transfer the rights of the decedent as part of
56     [his] the decedent's estate.
57          (5) A right of survivorship arising from the express terms of the account or under this
58     section, a beneficiary designation in a trust account, or a P.O.D. payee designation, cannot be
59     changed by will.