Title 75, Title 75: Utah Uniform Probate Code

75-3-1005. Limitations on proceedings against personal representative. Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representati…

75-3-1006. Limitations on actions and proceedings against distributees. (1) Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distribu…

75-3-1007. Certificate discharging liens securing fiduciary performance. After his appointment has terminated, the personal representative, his sureties, or any successor of either, upon the filing of a verified application showing, so far as is known by the applicant, that no ac…

75-3-1008. Subsequent administration. (1) If other property of the estate is discovered after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed, the court upon petition of any interested person and upo…

75-3-101. Devolution of estate at death -- Restrictions. (1) The power of a person to leave property by will and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained in this title to facilitate the prompt settlemen…

75-3-102. Necessity of order of probate for will. Except as provided in Section, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudicatio…

75-3-103. Necessity of appointment for administration. Except as otherwise provided in, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify and be issued …

75-3-104. Claims against decedent -- Necessity of administration -- Exclusions. (1) No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until…

75-3-104.5. Notice to state agencies. Within 30 days after the day on which a person files an application or a petition for probate under this chapter, the court shall: (1) if the decedent was at least 18 years old, provide notice of the application or petition to the Office of S…

75-3-105. Proceedings affecting devolution and administration -- Jurisdiction of subject matter. (1) Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in…

75-3-106. Scope of proceedings -- Proceedings independent -- Exception. (1) Unless supervised administration as described in, is involved: Part 5, Supervised Administration Each proceeding before the court or registrar is independent of any other proceeding involving the same est…

75-3-107. Probate and testacy proceedings -- Ultimate time limit -- Presumption and order of intestacy. (1) An informal probate proceeding or formal testacy proceeding, other than a proceeding to probate a will previously probated at the testator's domicile, may not be commenced …

75-3-108. Statutes of limitation on decedent's cause of action. No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent's death sooner than 12 m…

75-3-109. Letters upon several estates jointly. (1) Upon application or petition by any person interested in two or more estates, the registrar may, in an informal proceeding without a hearing, or the court may, in a formal proceeding after notice and hearing, grant letters upon …

75-3-1101. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons. A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a decedent, the construction, validity, or ef…

75-3-1102. Procedure for securing court approval of compromise. The procedure for securing court approval of a compromise is as follows: (1) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents acti…

75-3-1201. Collection of personal property by affidavit -- Vehicles -- Water shares excluded. (1) Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property, including an instrument evidencing a debt, obligati…

75-3-1202. Effect of affidavit. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if he dealt with a personal representative of the decedent. He is not required …

75-3-1203. Small estates -- Summary administrative procedure. If it appears from the inventory and appraisal that the value of the entire estate, less liens and encumbrances, does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administrat…

75-3-1204. Small estates -- Closing by sworn statement of personal representative. (1) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a personal representative may close an estate administered under the su…

75-3-201. Venue for first and subsequent estate proceedings -- Location of property. (1) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: In the county where the decedent had his domicile at the time of his death. If the deced…

75-3-202. Appointment or testacy proceedings -- Conflicting claim of domicile in another state. If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after …

75-3-203. Priority among persons seeking appointment as personal representative. (1) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order: the person with priority as determined by a probated will, i…

75-3-204. Demand for notice of order or filing concerning decedent's estate. Any interested person desiring notice of any order or filing pertaining to a decedent's estate may file a demand for notice with the court at any time after the death of the decedent stating the name of …

75-3-301. Informal probate or appointment proceedings -- Application -- Contents. (1) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge a…

75-3-302. Informal probate -- Duty of registrar -- Effect of informal probate. After receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by Sectionshall issue a written statement of informal probate if at least 10 days…

75-3-303. Informal probate -- Proof and findings required. (1) In an informal proceeding for original probate of a will, the registrar shall determine whether: the application is complete; the applicant has made oath or affirmation that the statements contained in the application…

75-3-304. Informal probate -- Unavailable in certain cases. Applications for informal probate which relate to one or more of a known series of testamentary instruments (other than wills and codicils), the latest of which does not expressly revoke the earlier, shall be declined.

75-3-305. Informal probate -- Registrar not satisfied. If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of Sectionsandor any other reason, he may decline the application. A declination of …

75-3-306. Informal probate -- Notice requirements. (1) The moving party must give notice as described by Sectionof his application for informal probate: 75-1-401 To any person demanding it pursuant to Section. 75-3-204 To any personal representative of the decedent whose appointm…

75-3-307. Informal appointment proceedings -- Delay in order -- Duty of registrar -- Effect of appointment. (1) After receipt of an application for informal appointment of a personal representative other than a special administrator as provided in Section, the registrar, after ma…

75-3-308. Informal appointment proceedings -- Proof and findings required. (1) In informal appointment proceedings, the registrar shall determine whether: the application for informal appointment of a personal representative is complete; the applicant has made oath or affirmation…

75-3-309. Informal appointment proceedings -- Registrar not satisfied. If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of Sectionsand, or for any other reason, he may d…

75-3-310. Informal appointment proceedings -- Notice requirements. (1) The moving party must give notice as described by Sectionof his intention to seek an appointment informally: 75-1-401 To any person demanding it pursuant to Section. 75-3-204 To any person having a prior or eq…

75-3-311. Informal appointment unavailable in certain cases. If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in th…

75-3-401. Formal testacy proceedings -- Nature -- When commenced. (1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in Subsectionin w…

75-3-402. Formal testacy or appointment proceedings -- Petition -- Contents. (1) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, shall be directed to the court, request a judicial order…

75-3-403. Formal testacy proceeding -- Notice of hearing on petition. (1) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by Sectionby the petitioner to the persons herein enumerated…

75-3-404. Formal testacy proceedings -- Written objections to probate. Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.

75-3-405. Formal testacy proceedings -- Uncontested cases -- Hearings and proof. If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of Sectionhave been met or conduct a hea…

75-3-406. Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses. (1) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the …

75-3-407. Formal testacy proceedings -- Burdens in contested cases. (1) In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima faci…

75-3-408. Formal testacy proceedings -- Will construction -- Effect of final order in another jurisdiction. A final order of a court of another state determining testacy, the validity, or construction of a will, made in a proceeding involving notice to and an opportunity for cont…

75-3-409. Formal testacy proceedings -- Order -- Foreign will. After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was commence…

75-3-410. Formal testacy proceedings -- Probate of more than one instrument. If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or conta…

75-3-411. Formal testacy proceedings -- Partial intestacy. If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order t…