Utah cremation, cemetery and prepaid funeral rights

A Utah funeral service establishment may not cremate human remains until it has received a cremation authorization form signed by an authorizing agent, a completed burial transit permit or similar document showing the remains are to be cremated, and any other documentation required by the state, county or municipality, except as the statute otherwise provides. The form must name the person authorized to receive the cremated remains and, if known, how they will finally be disposed of. Ask for a copy of the signed authorization form. [1]

The person signing must state that they have the right to authorize the cremation and know of no living person with a superior or equal right, or, if there is one, that they made reasonable efforts to contact that person, could not, and have no reason to believe the person would object. The form must also list each item of value delivered with the remains and how each item should be handled. Ask how jewelry or other items will be handled before you sign. [1]

Utah’s endowment care chapter applies to a cemetery that tells the public it will care for and maintain its property and collects funds for that purpose. It does not apply to cemeteries owned and operated by churches, religious or established fraternal societies, or incorporated cities, towns or other political subdivisions of the state. That exemption does not by itself tell you what care such a cemetery provides. Ask for its written care arrangements and how they are funded. [2]

An endowment care cemetery must deposit in its endowment care trust fund at least $1.50 a square foot for each grave, $15 for each niche and $60 for each crypt sold or disposed of. It may collect endowment care funds only under a written contract of sale signed by the cemetery and the purchaser, the contract must state the terms of the endowment care trust, and the cemetery must provide a copy of the trust if the purchaser asks. Ask for a copy of the trust before you sign. [3]

Each endowment care cemetery must prepare an annual written report that includes the amounts deposited in its endowment care funds, keep it on file at its principal office and make it available on request. Income from the fund is used for the care, maintenance and embellishment of the cemetery, as the cemetery determines, and to pay for administering the fund. Ask to see the latest annual report. [4]

A preneed funeral arrangement sold in Utah must be evidenced by a written contract. The contract form must show the name, address, telephone number and license number of the funeral service establishment obligated to provide the services, and must clearly identify that it is a guaranteed product contract. Ask for the establishment’s license number and check that it appears on the contract. [5]

Money paid for a preneed funeral arrangement must be deposited within 10 business days after a payment in cash or a cash equivalent is received, or within 35 calendar days after a payment by negotiable instrument. It must be placed in a trust account naming as trustee a Utah financial institution authorized to engage in the trust business. Ask the seller to name the trustee. [6]

A buyer or beneficiary cannot revoke a Utah preneed contract at will. Revocation is allowed for a substantial contract breach by the funeral service establishment, for substantial evidence that it is or will be unable to provide the property or services, or under terms clearly set out in the contract. The contract must also clearly state how payments will be refunded to the buyer or beneficiary when the beneficiary revokes it. Ask the seller to show you those refund terms before you sign. [7]

The contract must give the buyer the option to require the funeral service establishment to send a written disclosure to someone who does not live at the buyer’s residence, either a copy of the whole contract or notice that the contract exists with the establishment’s name, address, telephone number and license number. Ask the seller to record which option you chose and who will receive the disclosure. [8]