Utah Transfer-on-Death Deed

At a glance

How the deed works

Utah has adopted the Uniform Real Property Transfer on Death Act, codified at Utah Code Title 75, Chapter 6, Part 4 (§ 75-6-401 et seq.). Under it, an owner may sign a transfer-on-death (TOD) deed naming one or more beneficiaries who take the property automatically at the owner's death, without probate. The deed is nontestamentary, and the owner must have the same capacity required to make a will.

The TOD deed must contain the essential elements of a recordable deed, state that the transfer takes effect at the transferor's death, and be recorded before the transferor dies in the office of the county recorder for the county where the property sits (Utah Code § 75-6-412). Because the beneficiary receives no present interest, the beneficiary need not sign or be notified, and the deed passes only whatever interest the owner still holds at death.

This is educational information, not legal advice. A TOD deed interacts with title, co-ownership, and tax questions that turn on individual facts; an attorney licensed in Utah or another financial professional can confirm whether this instrument fits a particular estate plan.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In Utah:

• Recording before death: Must be recorded before the owner's death.
• Governing statute: Utah Code § 75-6-401 et seq. Utah Code Title 75, Ch. 6, Part 4 — Uniform Real Property Transfer on Death Act · effective May 8, 2018.

Changing or revoking the deed

A Utah TOD deed stays fully revocable during the owner's lifetime, even if the deed says otherwise. The owner may revoke by recording a later TOD deed that revokes or supersedes it, by recording an instrument of revocation, or by recording a deed that conveys the property to someone else — in each case before death and in the same county recorder's office. Joinder or consent of the named beneficiary is not required.

Mortgages, Medicaid & community property

Existing mortgages and liens

A TOD deed passes the property subject to whatever mortgages, deeds of trust, judgment liens, tax liens, and other encumbrances exist at the owner's death. The beneficiary takes title burdened by those obligations; the deed neither clears debt nor accelerates it, and secured creditors keep their rights against the property.

Medicaid estate recovery

Property that passes by a TOD deed may still be exposed to Medicaid estate recovery. Whether Utah can recover against assets that transfer outside probate depends on how the state defines a recoverable estate, so anyone who has received or expects Medicaid long-term-care benefits should confirm the current recovery scope with the Utah Department of Health and Human Services (Medicaid) before relying on a TOD deed.

Community property

Utah is a common-law (separate-property) state. Utah is a common-law (separate-property) state, not a community-property state. Each spouse owns what is titled in their name, and a married owner's TOD deed transfers only that owner's interest. Where a couple holds property in joint tenancy with right of survivorship, that survivorship generally controls first, so a TOD deed on jointly held property typically operates only if the co-owner predeceases.

State-specific quirks

Where to read next

• Utah estate & inheritance tax — whether Utah taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for Utah, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology