Terms Used In Utah Code > Title 58 > Chapter 9 > Part 7 - Preneed Funeral Arrangement Requirements

• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means the individual who, at the time of the individual's death, is to receive the benefit of the property and services purchased under a preneed funeral arrangement. See Utah Code 58-9-102
• Buyer: means a person who purchases a preneed funeral arrangement. See Utah Code 58-9-102
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Funeral service: means a service, rite, or ceremony performed:
       (19)(a) with respect to the death of a human; and
       (19)(b) with the body of the deceased present. See Utah Code 58-9-102
• Funeral service establishment: includes :
            (21)(b)(i) all portions of the business premises and all tools, instruments, and supplies used in the preparation and embalming of dead human bodies for burial, cremation, alkaline hydrolysis, and final disposition as defined by division rule; and
            (21)(b)(ii) a facility used by the business in which funeral services may be conducted. See Utah Code 58-9-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Preneed funeral arrangement: means a written or oral agreement sold in advance of the death of the beneficiary under which a person agrees with a buyer to provide at the death of the beneficiary any of the following as are typically provided in connection with a disposition:
            (26)(a)(i) goods;
            (26)(a)(ii) services, including:

                 (26)(a)(ii)(A) embalming services; and

                 (26)(a)(ii)(B) funeral directing services;
            (26)(a)(iii) real property; or
            (26)(a)(iv) personal property, including:

                 (26)(a)(iv)(A) a casket;

                 (26)(a)(iv)(B) another primary container;

                 (26)(a)(iv)(C) a cremation, alkaline hydrolysis, or transportation container;

                 (26)(a)(iv)(D) an outer burial container;

                 (26)(a)(iv)(E) a vault;

                 (26)(a)(iv)(F) a grave liner;

                 (26)(a)(iv)(G) funeral clothing and accessories;

                 (26)(a)(iv)(H) a monument;

                 (26)(a)(iv)(I) a grave marker; and

                 (26)(a)(iv)(J) a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102
• Sales agent: means an individual licensed under this chapter as a preneed funeral arrangement sales agent. See Utah Code 58-9-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.