Title 75, Title 75: Utah Uniform Probate Code

75-3-609. Termination of appointment -- Death or disability. The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates his appointment. Until appointment and qualification of a successor or special represent…

75-3-610. Termination of appointment -- Voluntary. (1) An appointment of a personal representative terminates as provided in Section, one year after the filing of a closing statement. 75-3-1003 (2) An order closing an estate as provided in Sectionorterminates an appointment of a …

75-3-611. Termination of appointment by removal -- Cause -- Procedure. (1) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be…

75-3-612. Termination of appointment -- Change of testacy status. Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will…

75-3-613. Successor personal representative. , and, govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and…

75-3-614. Special administrator -- Appointment. (1) A special administrator may be appointed: Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative o…

75-3-615. Appointment of special administrators. (1) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the court shall prefer the appointment of the person named personal representati…

75-3-616. Special administrator -- Appointed informally -- Powers and duties. (1) A special administrator appointed by the registrar in informal proceedings pursuant to Subsectionhas the duty to collect and manage the assets of the estate, to preserve them, to account therefor an…

75-3-617. Special administrator -- Formal proceedings -- Power and duties. A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the orde…

75-3-618. Termination of appointment -- Special administrator. The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a spec…

75-3-701. Time of accrual of duties and powers. The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to…

75-3-702. Priority among different letters. A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed repres…

75-3-703. General duties -- Relation and liability to persons interested in estate -- Standing to sue. (1) A personal representative is a fiduciary who shall observe the standard of care applicable to trustees as described by Section. 75B-2-902 A personal representative is under …

75-3-704. Personal representative to proceed without court order -- Exception. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and except as otherwise specified or ordered in regard to a supervised personal represe…

75-3-705. Duty of personal representative -- Inventory and appraisement. Within three months after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inv…

75-3-706. Employment of appraisers. The personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Differ…

75-3-707. Duty of personal representative -- Supplementary inventory. If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original invent…

75-3-708. Duty of personal representative -- Possession of estate. Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal…

75-3-709. Power to avoid transfers. The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors, and subject to prior liens, the right to recover this property…

75-3-710. Powers of personal representatives -- In general. (1) Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust, however, for the benefit of the creditors and ot…

75-3-711. Improper exercise of power -- Breach of fiduciary duty. If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee…

75-3-712. Sale, encumbrance or transaction involving conflict of interest -- Voidable -- Exceptions. Any sale or encumbrance to the personal representative, his spouse, agent, or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any trans…

75-3-713. Persons dealing with personal representative -- Protection. A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deal…

75-3-714. Transactions authorized for personal representatives -- Exceptions. Except as restricted or otherwise provided by this title, by the will or by an order in a formal proceeding and subject to the priorities stated in Section, a personal representative, acting reasonably …

75-3-715. Powers and duties of successor personal representative. A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not …

75-3-716. Co-representatives -- When joint action required. If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of a majority is required on all acts connected with the administration and distribution of the estate. This…

75-3-717. Powers of surviving personal representative. Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or mor…

75-3-718. Compensation of personal representative and attorney. (1) A personal representative and an attorney are entitled to reasonable compensation for their services. If a petition is filed which either directly or indirectly seeks approval of the personal representative's com…

75-3-719. Costs and expenses in estate litigation. (1) In a judicial proceeding involving the administration of an estate, the court may, as justice and equity may require, award costs and expenses, including reasonable attorney fees, to any party to be paid by another party or f…

75-3-720. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. After notice to all interested persons, on petition of an interested person or on appropriate motion if administration is supervised, the propriety of em…

75-3-801. Notice to creditors. (1) A personal representative, upon appointment, may publish a notice to creditors announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within three months after the date of t…

75-3-802. Statutes of limitations. Unless an estate is insolvent the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barre…

75-3-803. Limitations on presentation of claims. (1) All claims against a decedent's estate which arose before the death of the decedent, including claims of the state and any subdivision of it, whether due or to become due, absolute or contingent, liquidated or unliquidated, fou…

75-3-804. Manner of presentation of claims. (1) Claims against a decedent's estate may be presented as follows: The claimant may deliver or mail to the personal representative, or the personal representative's attorney of record, a written statement of the claim indicating its ba…

75-3-805. Classification of claims. (1) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: reasonable funeral expenses; costs and expenses of administration; debts and taxes wit…

75-3-806. Allowance of claims. (1) As to claims presented in the manner described in Sectionand within the time limit prescribed in Section, the personal representative may mail a notice to any claimant stating that the claim has been allowed or disallowed. If, after allowing or …

75-3-807. Payment of claims. (1) Upon the expiration of the earliest of the time limitations provided in Sectionfor the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making…

75-3-808. Individual liability of personal representative. (1) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fai…

75-3-809. Secured claims. Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; but otherwise payment is upon the basis of one of the following: (1) If the creditor exhausts his security before receiving payment (unless preclu…

75-3-810. Claims not due and contingent or unliquidated claims. (1) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceedi…

75-3-811. Counterclaims. In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterc…

75-3-812. Execution and levies prohibited. (1) Except as provided in Subsection, no execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative. (2) (2) This section does not prevent: the …

75-3-813. Compromise of claims. When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.

75-3-814. Encumbered assets. If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance, or convey or transfer…

75-3-815. Administration in more than one state -- Duty of personal representative. (1) All assets of estates being administered in this state are subject to all claims, allowances, and charges existing or established against the personal representative wherever appointed. (2) If…

75-3-816. Final distribution to domiciliary representative. (1) The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent's domicile willing to receive it, be distribut…