What makes a Utah trust revocable?

Unless the terms expressly provide that the trust is irrevocable, the settlor may revoke or amend it (Utah Code § 75B-2-602) — a rule that does not reach a trust created under an instrument executed before May 1, 2004. While the trust is revocable and the settlor has capacity, the trustee's duties are owed exclusively to the settlor (§ 75B-2-603).

How do I put my house in a Utah trust?

By a deed to the trustee. The terms of the trust may be given in the deed or in an instrument the grantor signs and records in the same office; where they are not made public that way, a conveyance from the trustee is absolute in favor of purchasers for value without notice of the terms, and the recited terms include the trustee's name and address and the trust's name and date (Utah Code § 75B-2-816).

What happens to a Utah revocable trust when the settlor dies?

It becomes irrevocable, and within 60 days after the trustee acquires knowledge of that the trustee notifies the qualified beneficiaries of the trust's existence and their rights (Utah Code § 75B-2-811(2)(c)); the trustee may distribute under the terms subject to the contest rules (§ 75B-2-604), may give the trust's own notice to creditors (§ 75B-2-508), and the trust property answers for the estate's claims and allowances to the extent the probate estate is inadequate (§ 75B-2-505).

The Utah Revocable Living Trust, Explained

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What a revocable living Trust is

A revocable living Trust is a legal arrangement you create during your life and can change or revoke at any time. You typically serve as your own Trustee while you're able, so day-to-day life doesn't change — but the Trust, not you personally, holds title to the assets you transfer into it.

What it does well in Utah

Avoids probate for the assets the Trust owns, so they pass to your beneficiaries privately and without court administration.
Plans for incapacity — if you can't manage your affairs, your named successor Trustee steps in without a court conservatorship.
Keeps your affairs private — unlike a will, a Trust is generally not filed in the public court record.
Lets you stay in control — you can amend or revoke it anytime while you have capacity.

What a revocable living Trust does NOT do

Because you keep full control, a revocable living Trust does not protect your assets from your own creditors, and it does not by itself reduce estate taxes. It is an administration and probate-avoidance tool — not asset protection. Protecting assets is a separate, fact-specific question for a Utah attorney.

The step people miss: funding the Trust

A Trust only avoids probate for assets actually transferred into it — retitling accounts and property into the Trust's name. An unfunded Trust does little; this is why a “pour-over” will is used as a backstop, and why funding is worth reviewing with a Utah attorney.

Is a revocable living Trust right for you in Utah?

There is no single right answer — it depends on your assets, your family, and your goals, and many plans pair a Trust with a will and directives. This page is general information, not legal advice. A free role check can show you where you stand, and a Utah attorney can recommend what fits your situation.

General information about Utah law, not legal advice.

Frequently asked questions

What makes a Utah trust revocable?: Unless the terms expressly provide that the trust is irrevocable, the settlor may revoke or amend it (Utah Code § 75B-2-602) — a rule that does not reach a trust created under an instrument executed before May 1, 2004. While the trust is revocable and the settlor has capacity, the trustee's duties are owed exclusively to the settlor (§ 75B-2-603).
How do I put my house in a Utah trust?: By a deed to the trustee. The terms of the trust may be given in the deed or in an instrument the grantor signs and records in the same office; where they are not made public that way, a conveyance from the trustee is absolute in favor of purchasers for value without notice of the terms, and the recited terms include the trustee's name and address and the trust's name and date (Utah Code § 75B-2-816).
What happens to a Utah revocable trust when the settlor dies?: It becomes irrevocable, and within 60 days after the trustee acquires knowledge of that the trustee notifies the qualified beneficiaries of the trust's existence and their rights (Utah Code § 75B-2-811(2)(c)); the trustee may distribute under the terms subject to the contest rules (§ 75B-2-604), may give the trust's own notice to creditors (§ 75B-2-508), and the trust property answers for the estate's claims and allowances to the extent the probate estate is inadequate (§ 75B-2-505).

General information about Utah law, not legal advice.