| (1) |
If a surviving spouse has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property, takes the purchaser or lender’s interest in the property free of any rights of the personal representative or an heir or devisee of the decedent. |
Terms Used In Utah Code 75-2b-107
- Decedent: A deceased person.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
| (2) |
If a personal representative or an heir or devisee of the decedent has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes the purchaser or lender’s interest in the property free of any rights of the surviving spouse. |
| (3) |
A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly. |
| (4) |
The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender. |
Enacted by Chapter 132, 2012 General Session
