(1) Subject to Subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor under Section 75A-8-110, in the absence of a will or under a will or trust that does not contain an authorization to do so.

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Terms Used In Utah Code 75A-8-107

  • Adult: means an individual who is 21 years old or older. See Utah Code 75A-8-102
  • Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Utah Code 75A-8-102
  • Court: means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration. See Utah Code 75A-8-102
  • Custodian: means a person so designated under Section 75A-8-110 or a successor or substitute custodian designated under Section 75A-8-119. See Utah Code 75A-8-102
  • Minor: means an individual who is under 21 years old. See Utah Code 75A-8-102
  • Personal representative: means an executor, administrator, successor personal representative as defined in Section 75-1-201, or special administrator as defined in Section 75-1-201, of a decedent's estate or a person legally authorized to perform substantially the same functions. See Utah Code 75A-8-102
  • Transfer: means a transaction that creates custodial property under Section 75A-8-109. See Utah Code 75A-8-102
  • Trust: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
  • Trust company: means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. See Utah Code 75A-8-102
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: means the same as that term is defined in Section 75-1-201. See Utah Code 75A-8-102
(2) Subject to Subsection (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 75A-8-110.
(3) A transfer under Subsection 75A-8-110(1) or (2) may be made only if:

     (3)(a) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
     (3)(b) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, as defined in Section 75-1-201; and
     (3)(c) the transfer is authorized by the court, if it exceeds $10,000 in value.