A transfer on death deed shall:

(1) contain the essential elements and formalities of a properly recordable inter vivos deed;

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Terms Used In Utah Code 75-6-409

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Property: means an interest in real property located in this state that is transferable on the death of the owner. See Utah Code 75-6-402
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
  • Transferor: means an individual, in their individual capacity, who makes a transfer on death deed. See Utah Code 75-6-402
(2) state that the transfer to the designated beneficiary is to occur at the transferor‘s death; and
(3) be recorded before the transferor’s death in the public records in the county recorder’s office of the county where the property is located.