| (1) |
Terms Used In Utah Code 59-2-1203- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- claimant: includes a surviving spouse:
| (i) | regardless of:| (A) | the age of the surviving spouse; or |
| (B) | the age of the deceased spouse at the time of death; |
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| (ii) | if the surviving spouse meets the requirements of this part except for the age requirement; |
| (iii) | if the surviving spouse is part of the same household of the deceased spouse at the time of death of the deceased spouse; and |
| (iv) | if the surviving spouse is unmarried at the time the surviving spouse files the claim. See Utah Code 59-2-1202- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Executor: A male person named in a will to carry out the decedent
- Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Grantor: The person who establishes a trust and places property into it.
- Homeowner: means :
| (i) | an individual whose name is listed on the deed of a residence; or |
| (ii) | if a residence is owned in a qualifying trust, an individual who is a grantor, trustor, or settlor or holds another similar role in the trust. See Utah Code 59-2-1202- Household: means the association of individuals who live in the same dwelling, sharing the dwelling's furnishings, facilities, accommodations, and expenses. See Utah Code 59-2-1202
- Property: means property that is subject to assessment and taxation according to its value. See Utah Code 59-2-102
- Qualifying trust: means a trust holding title to real or tangible personal property for which an individual:
| (a) | makes a claim under this part; |
| (b) | proves to the satisfaction of the county that title to the portion of the trust will revest in the individual upon the exercise of a power:| (i) | by:| (A) | the individual as grantor, trustor, settlor, or in another similar role of the trust; |
| (B) | a nonadverse party; or |
| (C) | both the individual and a nonadverse party; and |
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| (ii) | regardless of whether the power is a power: |
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| (c) | is obligated to pay the taxes on that portion of the trust property beginning January 1 of the year the individual makes the claim. See Utah Code 59-2-1202- 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
- Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
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| (a) |
The right to file a claim under this part is personal to the claimant. |
| (b) |
The right to file a claim does not survive the claimant’s death. |
| (c) |
The right to file a claim may be exercised on behalf of a claimant by:
| (i) |
a legal guardian of the claimant; or |
| (ii) |
an attorney-in-fact of the claimant. |
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| (2) |
| (a) |
If a claimant dies after having filed a timely claim, the amount of the claim shall be disbursed to another member of the household as determined by the commission by rule. |
| (b) |
If the claimant described in Subsection (2)(a) was the only member of the household, the claim may be paid to the executor or administrator, except that if neither an executor or administrator is appointed and qualified within two years of the filing of the claim, the amount of the claim shall escheat to the state. |
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| (3) |
If the claimant is the grantor, trustor, or settlor of or holds another similar role in a qualifying trust and the claimant meets the requirements of this part, the claimant may claim the portion of the credit and be treated as the owner of that portion of the property held in trust. |
| (4) |
The relief described in Subsection 59-2-1202(10)(a) is in addition to any other exemption or reduction for which a homeowner may be eligible, including the homeowner’s credit provided for in Section 59-2-1206. |
Amended by Chapter 391, 2021 General Session
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