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OpenDocumentA Utah transfer on death deed is a legal instrument that allows property to pass from a deceased owner to a beneficiary without the need for a will. The deed is completed during the owner’s lifetime, granting a title transfer to the named beneficiary upon the death of the grantor. This type of transfer avoids the time-consuming probate procedures that would otherwise be required to distribute a decedent’s estate.
A transfer on death deed is revocable and does not prevent the owner from transferring the title to another party before their passing. Regardless, if the grantor no longer holds any interest in the property when they die, the deed will be ineffective. This deed type cannot warrant a title’s condition and transfers the property “as-is” with any and all issues.
- Statutes: Chapter 1 – Conveyances, Chapter 6, Part 4 – Uniform Real Property Transfer on Death Act
- Formatting: § 17-21-20, § 17-21-25, § 57-3-105, § 57-3-106
- Signing Requirements (§ 57-3-101): Notary Public
- Where to Record: County Recorder’s Office (List of Counties)
- Recording Fees (§ 17-21-18.5(1)(b)): $40 (no page limit)
- Water Rights Addendum to Land Deeds (§ 57-3-109): Must be included in deeds filings to indicate whether water rights are included in the conveyance.
Related Forms (1)
Full Revocation of Transfer on Death Deed – Used for the revocation of a transfer on death deed.
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