Utah Transfer on Death Deed

Marking through a recorded Utah TOD deed, or ripping up your copy of it, changes absolutely nothing about who inherits the property.

One of the earlier adopters, since 2010

Utah adopted the Uniform Real Property Transfer on Death Act in 2010 through House Bill 224, making it one of the earlier states to enact the uniform act — well ahead of many states that only adopted similar laws in the 2020s. The law was later amended in 2018 (HB 94) and again in 2019, refining details around beneficiary rights and effect during the transferor's life.

You sign, notarize, and record before death

The owner must sign the deed, get their signature notarized, and record it with the county recorder's office before death, or it has no effect. The beneficiary doesn't sign the deed and has no legal right to the property until the owner's death — or, if the property is jointly owned, until the last surviving joint owner dies.

Crossing it out doesn't revoke it

Here's Utah's most distinctive and specific rule: once a transfer on death deed is recorded, it may not be revoked by a revocatory act performed on the deed itself — marking through it, writing "void" across it, or tearing up a copy accomplishes nothing legally. Revocation requires recording a separate instrument of revocation, or recording a later transfer on death deed, in the county land records. This is a genuinely specific statutory protection that some people might not expect, since crossing out or destroying a document is often assumed to undo it.

Joint owners must all agree to revoke

If two or more joint owners made a TOD deed together, it can only be revoked if all of the living joint owners revoke it — one joint owner acting alone can't unilaterally undo a deed the group created together. This gives every joint owner an equal say over whether the beneficiary designation stays in place.

The risk of an unrecorded "desk drawer" deed

Because Utah follows a race-notice deed priority rule, signing a TOD deed and simply leaving it in a drawer without recording it creates real risk. A later deed — for any reason, intentional or not — that actually gets recorded can take priority over the earlier, unrecorded TOD deed, even though the TOD deed was signed first. Recording promptly after signing is the only way to actually lock in the intended beneficiary designation.

Creditors get 12 months after death

If the transferor's probate estate turns out to be insufficient to pay outstanding debts, creditors may enforce claims against the property the TOD beneficiary received, up to the property's value — but any such proceeding must be commenced within 12 months of the transferor's death. After that window closes, the beneficiary's interest is generally secure from these estate-related creditor claims.

Joint ownership still comes first

Utah's TOD deed doesn't override an existing right of survivorship. If the transferor dies as a joint owner survived by one or more other joint owners, the property belongs to those surviving owners instead — the TOD deed only becomes effective if the transferor turns out to be the last surviving joint owner. See our guide to Utah's joint tenancy presumption for how that co-ownership question gets decided in the first place.

Utah TOD deed — frequently asked questions

When did Utah adopt its transfer on death deed?

Utah adopted the Uniform Real Property Transfer on Death Act in 2010 through House Bill 224, one of the earlier states to enact the uniform act, and later amended the law in 2018 and 2019.

Can a Utah TOD deed be revoked by marking through it or tearing it up?

No. Once a transfer on death deed is recorded, Utah law specifically provides that it may not be revoked by a revocatory act performed on the deed itself. Revocation requires recording a separate instrument of revocation or a later transfer on death deed.

How is a Utah TOD deed made by joint owners revoked?

A transfer on death deed made by joint owners is revoked only if it is revoked by all of the living joint owners — one joint owner acting alone cannot revoke a deed the group made together.

What happens if a Utah owner signs a TOD deed but never records it?

It has no effect. Utah's race-notice deed recording statute means a later deed that is actually recorded can take priority over an earlier, unrecorded transfer on death deed left in a drawer, even though the TOD deed was signed first.

How long do creditors have to make a claim against Utah TOD deed property?

If the transferor's probate estate is insufficient to pay debts, creditors may enforce claims against the property received by the TOD beneficiary, up to the property's value, but proceedings must be commenced within 12 months of the transferor's death.

This page provides general guidance only and is not legal advice. Figures are based on Utah statute (Utah Code § 75-6-401 et seq.), verified per our methodology. Confirm current requirements with the county Recorder or a licensed Utah attorney before acting, and record any TOD deed promptly to avoid the risk described above.