Title 75, Title 75: Utah Uniform Probate Code

75-1-105. Construction against implied repeal. This title is a general act intended as a unified coverage of the title's subject matter, and no part of this title shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.

75-1-106. Effect of fraud and evasion. (1) Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain a…

75-1-107. Evidence of death or status. (1) In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply: Death occurs when an individual is determined to be dead as provided in Section. 26B-8-132…

75-1-108. Acts by holder of general power. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purpose…

75-1-109. Duty to comply with environmental laws -- Definitions. (1) From the inception of the trust or estate, a fiduciary shall have the following powers, without court authorization, which it may use in its sole discretion to comply with environmental law: to inspect and monit…

75-1-110. Cost of living adjustment of certain dollar amounts. (1) In this section: "CPI" means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI-U), U.S. City Average, reported by the Bureau of Labor Statistics, United States Department of Labor or its succe…

75-1-111. Time of taking effect -- Provisions for transition. (1) This title takes effect on July 1, 1977. (2) Except as otherwise provided by this title: this title applies to any wills of decedents dying on or after July 1, 1977; the title applies to any proceedings in court th…

75-1-201. Title definitions. As used in this title: (1) "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another un…

75-1-301. Territorial application. Except as otherwise provided in this title, this title applies to: (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state; (2) the property of nonresidents located in this state or propert…

75-1-302. Subject matter jurisdiction. (1) To the full extent permitted by the Constitution of Utah, the court has jurisdiction over all subject matter relating to: estates of decedents, including construction of wills and determination of heirs and successors of decedents, and e…

75-1-303. Venue -- Multiple proceedings -- Transfer -- Orders and hearings. (1) Where a proceeding under this title could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (2) If proceeding…

75-1-304. Practice in court. Unless specifically provided to the contrary in this title or unless inconsistent with this title's provisions, the Utah Rules of Civil Procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under …

75-1-305. Records and certified copies. (1) The clerk of the court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this title, including petitions and applications, demands for notices or bon…

75-1-306. Jury trial. (1) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a statutory or constitutional right to trial by jury. (2) If there is no …

75-1-307. Registrar. The registrar shall be a judge of the court.

75-1-308. Appeals. Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicabl…

75-1-309. Oath or affirmation on filed documents. (1) Except as otherwise specifically provided in this title or by rule, every document filed with the court under this code, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmatio…

75-1-310. Costs -- In discretion of court. When not otherwise prescribed in this title, the court, or an appellate court on appeal from the court, may in the court's discretion, order costs to be paid by any party to the proceedings or out of the assets of the estate as justice m…

75-1-311. Consent to jurisdiction. (1) By submitting an application for informal probate or appointment or a petition for formal probate, adjudication of intestacy, or appointment the applicant or petitioner subjects himself to the jurisdiction of the court in all matters arising…

75-1-312. Alternative resolution of disputes. (1) A will, trust, or power of attorney may include a provision, enforceable by a court, that requires the resolution of disputes between or among beneficiaries and fiduciaries of the will, trust, or power of attorney, or any combinat…

75-1-401. Notice -- Method and time of giving. (1) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any intereste…

75-1-402. Notice -- Waiver. A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. If there is no conflict of interest and no conservator or guardian has been appointed, a …

75-1-403. Pleadings -- Notice. In formal proceedings involving inter vivos or testamentary trusts, including proceedings to modify or terminate a trust, estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the follow…

75-1-404. Publication in newspapers. (1) Newspapers shall publish all notices of proceedings under this title under the heading "Probate, Guardianship, Conservator and Trust Notices. Consult clerk of the court or the respective signers for further information." (2) The notices un…