Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
When an individual dies owning a vehicle in Utah, the first step is to determine whether the vehicle passes through probate or transfers outside probate to a beneficiary. Follow these key criteria under Utah law.
Sole Ownership and Probate
If the decedent held the vehicle in sole name and did not complete any nonprobate transfer mechanism, the vehicle becomes part of the probate estate. Under Utah Code § 75-2-102, all property owned by the decedent at death that lacks a nonprobate transfer provision must be administered by the personal representative.
Transfer on Death (TOD) Designation
Utah allows a Transfer on Death beneficiary for vehicles under Utah Code § 41-1a-1705. If the decedent filed a valid TOD form with the Division of Motor Vehicles and named a beneficiary before death, title passes directly to the beneficiary upon death, avoiding probate.
Joint Tenancy with Right of Survivorship
If the vehicle title lists two or more owners as joint tenants with right of survivorship, ownership automatically shifts to surviving joint owner(s) when one owner dies. This transfer occurs by operation of law and does not enter probate. See Utah Code § 75-2-402(1)(c).
Trust Ownership
If the decedent placed the vehicle into a valid living trust, the trust agreement governs distribution. Such property is not part of the probate estate under Utah Code § 75-2-402(1)(d).
Inter Vivos Gift vs. Gift Causa Mortis
An inter vivos (lifetime) gift of the vehicle—completed by delivery of title and intent—means the vehicle no longer belongs to the decedent’s estate. A gift causa mortis (in contemplation of death) requires clear evidence that the decedent intended the gift only if death occurred imminently. If not properly documented, the vehicle may revert to the estate.
Summary of Probate vs. Nonprobate Transfer
In Utah, vehicles transfer outside probate when one of these nonprobate mechanisms is validly in place before death: joint tenancy, TOD designation, or trust ownership. Absent these, the vehicle is estate property administered under probate statutes.
Helpful Hints
- Examine the title record at the Utah DMV for TOD beneficiaries (dmv.utah.gov).
- Review the vehicle title for joint tenancy language.
- Check trust documents to confirm whether the vehicle is trust property.
- Gather any written gift documents to support inter vivos or causa mortis transfers.
- Consult promptly with the estate’s personal representative to begin probate if needed.