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The first week: decide, secure, and find the documents

Two dates start Utah's clocks: the day the trustee accepts, and the day the trustee acquires knowledge that the trust is irrevocable — for a trust that was revocable, usually the day the trustee learns of the death. Accepting is by the trust's method or by acting as trustee; a designee who does nothing for a reasonable time is considered to have rejected, and may preserve the property meanwhile if a rejection is sent within a reasonable time afterward (Utah Code § 75B-2-701).

Find the trust instrument and every amendment, the death certificate, the deeds, the account statements, the insurance policies and the settlor's will, if any — after the death, whoever holds the will delivers it, on an interested person's request, to a person able to secure its probate (§ 75-2-902). Record the two dates: the knowledge date is the one the existence notice counts from.

The notices: 60 days, each from its own beginning

Within 60 days after acquiring knowledge that a formerly revocable trust has become irrevocable by the settlor's death, the trustee notifies the qualified beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument and of the right to a trustee's report (Utah Code § 75B-2-811(2)(c)). Within 60 days after accepting the trusteeship, the trustee notifies them of the acceptance and of the trustee's name, address and telephone number (§ 75B-2-811(2)(b)). Both go by a method reasonably suitable under the circumstances and likely to result in receipt — first-class mail, personal delivery, delivery to the person's last known place of residence or business, or a properly directed electronic message (§ 75B-2-109).

Every duty of § 75B-2-811 applies except to the extent the terms of the trust provide otherwise, and the section states no date before which a trust is exempt. The qualified beneficiaries on a date are the current distributees and permissible distributees of income or principal, and those who would be if the trust terminated on that date (§ 75B-2-103(8)); the trust's terms answer who that is.

Строки довірчого власника в Юті: що передбачають закони

Звірено із законами Юти 2026-10-13. Загальна інформація, не юридична консультація; офіційний текст має пріоритет.

Taking control and listing the assets

A trustee takes reasonable steps to take control of and protect the trust property (Utah Code § 75B-2-807), keeps it separate from the trustee's own and designates it so the trust's interest appears in the records of someone other than a trustee or beneficiary (§ 75B-2-808), and takes reasonable steps to compel a former trustee or other person to deliver trust property (§ 75B-2-810). Within a reasonable time after accepting, the trustee reviews the assets and decides what to retain and what to dispose of (§ 75B-2-904).

List the property by how it is titled. Land titled to the trustee carries the terms of the trust in the deed or in a recorded instrument, with the trustee's name and address and the trust's name and date (§ 75B-2-816); an account or policy with a named beneficiary passes by its own contract; property in the settlor's own name is the probate estate's or, where the estate does not exceed $100,000 and no personal representative is appointed, the successor's on the small estate affidavit 30 days after the death (§ 75-3-1201). A certification of trust, rather than the whole instrument, is what an institution usually asks for (§ 75B-2-1013).

Creditors, the estate, and the periods

Utah gives the trustee of an inter vivos revocable trust a creditor procedure of its own. The trustee may publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county where the settlor resided, and on the public legal notice website under Utah Code § 45-1-101, with claims due three months after the first publication; the trustee gives written notice to a known creditor to present the claim within the later of 90 days from the published notice and 60 days from the mailing or delivery; and where the settlor received medical assistance after age 55, the trustee notifies the Office of Recovery Services, which then has 60 days — or, without the notice, one year from the death (§ 75B-2-508). The trustee is not liable for giving or failing to give notice.

Claims that arose before the death are barred against the settlor's estate, the trustee, the trust estate and the beneficiaries unless presented within the earlier of one year after the death and the time the notices provide (§ 75B-2-509); a claim is presented by a written statement delivered or mailed to the trustee, or by commencing a proceeding (§ 75B-2-510). The trustee may allow or disallow a presented claim — a disallowance that warns of the bar gives the claimant 60 days to petition or sue, and silence for 60 days after the presentation time expired has the effect of an allowance — and pays allowed claims in the statute's order of priority where the assets are insufficient (§ 75B-2-512, § 75B-2-511, § 75B-2-513). The property of a trust that was revocable at the death is subject to the settlor's creditors' claims, the costs of administering the estate, the funeral and the statutory allowances to the extent the probate estate is inadequate (§ 75B-2-505). Medicaid's recovery for assistance at age 55 or older reaches a trust in which the recipient was grantor and beneficiary, presented under the same procedure (§ 26B-3-1013).

The surviving spouse and the family

The surviving spouse takes a homestead allowance of $22,500 from the estate, exempt from and prior to all claims — divided among the minor and dependent children where there is no spouse (Utah Code § 75-2-402) — together with exempt property up to $15,000 in household furniture, automobiles, furnishings, appliances and personal effects (§ 75-2-403) and a reasonable family allowance in money during the administration (§ 75-2-404). The spouse of a decedent domiciled in Utah may elect to take one-third of the augmented estate, with a supplemental amount where the share is less than $75,000 (§ 75-2-202), by a petition within nine months after the death or six months after the probate of the will, whichever is later; a revocable trust's property is a nonprobate transfer the augmented estate can reach, and the court may fix the liability of a person who holds it as trustee (§ 75-2-211).

Where there is no will as to some property, the spouse takes the whole intestate estate if every surviving descendant is also the spouse's, and otherwise the first $75,000 plus half the balance (§ 75-2-102); the rest passes per capita at each generation (§ 75-2-103, § 75-2-106).

The house

Utah places no restriction on devising a home: it passes under the will or the trust, by survivorship, or by intestacy with the rest of the estate. A home titled to the trustee carries the terms of the trust in the deed or a recorded instrument, and a conveyance from the trustee is absolute in favor of purchasers for value without notice of terms not made public that way (Utah Code § 75B-2-816). The homestead exemption — $42,000 for the primary residence as stated for 2019, recalculated each year by the state auditor — keeps the home from most judicial liens and forced sales, with the sale proceeds exempt for one year (§ 78B-5-503); it is a creditor exemption, distinct from the $22,500 homestead allowance the estate pays the spouse (§ 75-2-402). The small estate affidavit does not reach land (§ 75-3-1201).

Reports, the contest window, and distribution

At least annually and at the trust's termination, the trustee sends the qualified beneficiaries who request it a report of the trust property, liabilities, receipts and disbursements, including the compensation or a fee schedule, a listing of the assets and, if feasible, their market values (Utah Code § 75B-2-811(3)); a report that adequately discloses a potential claim and informs the beneficiary of the time allowed starts a six-month period for a claim against the trustee (§ 75B-2-1005).

A contest of a trust that was revocable at the death is commenced within the earlier of three years after the death and 90 days after the trustee sends the person a copy of the instrument and a notice of the trust's existence, the trustee's name and address and the time allowed; on the death the trustee may proceed to distribute under the terms and is not liable for doing so unless the trustee knows of a pending contest, or a potential contestant has given written notice by registered or certified mail or by service and commences a proceeding within 60 days — and only for actions taken two or more business days after actual receipt of such a notice (§ 75B-2-604). A proposal for distribution with its 30-day objection period, and a reasonable reserve for debts, expenses and taxes, close the administration (§ 75B-2-815).

When a licensed Utah attorney is the right next call

Who is a qualified beneficiary, whether the terms of the trust vary a duty, whether to publish the trust's creditor notice, whether a claim is allowed, and how to answer an elective-share petition or a contest are questions a licensed Utah attorney of your choosing can answer on the file's facts. TrusteeClear organizes the record, sets each statute's list beside your facts, and reviews nothing you prepare.