Interest earned on trust funds shall be available for expenditure according to the following priority:

(1)  to pay the reasonable trustee expenses of administering the trust within a maximum amount established by rule;

Terms Used In Utah Code 58-9-704

  • 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.
  • Person: means :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:
(i) goods;
(ii) services, including:
(A) embalming services; and
(B) funeral directing services;
(iii) real property; or
(iv) personal property, including:
(A) a casket;
(B) another primary container;
(C) a cremation, alkaline hydrolysis, or transportation container;
(D) an outer burial container;
(E) a vault;
(F) a grave liner;
(G) funeral clothing and accessories;
(H) a monument;
(I) a grave marker; and
(J) a cremation or alkaline hydrolysis urn. See Utah Code 58-9-102
  • Property: includes both real and personal property. 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.
  • (2)  to pay within a maximum amount established by rule under Section 58-9-504 the reasonable provider expenses associated with:

    (a)  the sale of the plan;

    (b)  administering the collection, remittance, and accounting of the amount of payments made into the corpus of the trust; and

    (c)  reporting required with respect to those contracts:

    (i)  that have been sold; and

    (ii)  under which the provider is obligated;

    (3)  to pay the costs of providing any of the following for which the provider is obligated under a specific outstanding preneed funeral arrangement contract:

    (a)  personal property; and

    (b)  services at need; and

    (4)  to pay the provider available funds left in the individual trust account after:

    (a)  all costs of providing personal property and services for which the provider is obligated under the contract underlying the trust; or

    (b) 

    (i)  the contract is canceled as provided under this chapter; and

    (ii)  all amounts payable to the buyer, beneficiary, or any other person have been paid in full.

    Enacted by Chapter 49, 2003 General Session