Title 75, Title 75: Utah Uniform Probate Code

75-3-905. Penalty clause for contest. A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.

75-3-906. Distribution in kind -- Valuation -- Method. (1) Unless a contrary intention is indicated by the will, the distributable assets of a decedent's estate shall be distributed in kind to the extent possible through application of the following provisions: A specific devisee…

75-3-907. Distribution in kind -- Evidence. If distribution in kind is made, the personal representative shall execute an instrument or deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence of the distributee's title to the property.…

75-3-908. Distribution -- Right or title of distributee. Proof that a distributee has received an instrument or deed of distribution of assets in kind, or payment in distribution, from a personal representative, is conclusive evidence that the distributee has succeeded to the int…

75-3-909. Improper distribution -- Liability of distributee. Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable…

75-3-910. Purchasers from distributees protected. If property distributed in kind or a security interest therein is acquired for value in good faith and without notice of any adverse claim by a purchaser from or lender to a distributee who has received an instrument or deed of di…

75-3-911. Partition for purpose of distribution. When two or more heirs or devisees are entitled to distribution of undivided interests in any real or personal property of the estate, the personal representative or one or more of the heirs or devisees may petition the court, prio…

75-3-912. Private agreements among successors to decedent binding on personal representative. Subject to the rights of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the…

75-3-913. Distributions to trustee. (1) Before distributing to a trustee, the personal representative may require that the trust be registered if the state in which the trust is to be administered provides for registration and that the trustee inform the qualified beneficiaries a…

75-3-914. Disposition of unclaimed assets. (1) If an heir, devisee or claimant cannot be found, the personal representative shall distribute the share of the missing person to his conservator, if any, but otherwise to the state treasurer for the benefit of the state school fund. …

75-3-915. Distribution to person under disability. A personal representative may discharge the personal representative's obligation to distribute to any person under legal disability by distributing to the person's conservator, or any other person authorized by this title or othe…

75-3-916. Apportionment of estate taxes. (1) As used in this section: "Estate" means the gross estate of a decedent as determined for the purpose of federal estate tax and the estate tax payable to this state; "Fiduciary" means personal representative, executor, administrator of …

75-3-917. Certain formula clauses to be construed to refer to federal estate and generation-skipping transfer tax rules applicable to estates of decedents dying after December 31, 2009. (1) A will or trust of a decedent who dies after December 31, 2009 and before January 1, 2011,…

75-3-918. Distribution to a purchaser of interest in a decedent's estate -- Exclusions -- Requirements for filing and agreement contents and form -- Redactions required -- Hearing -- Probate action in another state. (1) As used in this section: "Interest" has the same meaning as …

75-4-101. Definitions. As used in this chapter: (1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in. Chapter 3, Probate of Wills and Administration (2) "Local personal representative…

75-4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration. At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or h…

75-4-202. Payment or delivery discharges. Payment or delivery made in good faith on the basis of the proof of authority and affidavit under Sectionreleases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made t…

75-4-203. Resident creditor notice. Payment or delivery under Sectionmay not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decede…

75-4-204. Proof of authority -- Bond. If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, aut…

75-4-205. Powers. A domiciliary foreign personal representative who has complied with Sectionmay exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresi…

75-4-206. Power of representatives in transition. The power of a domiciliary foreign personal representative under Sectionorshall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of …

75-4-207. Ancillary and other local administrations -- Provisions governing. In respect to a nonresident decedent, the provisions of, govern proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local person…

75-4-301. Jurisdiction by act of foreign personal representative. A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by: (1) filing authenticated copies of his appointment as provided in Se…

75-4-302. Jurisdiction by act of decedent. In addition to jurisdiction conferred by Section, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.

75-4-303. Service on foreign personal representative. (1) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, and requesting a return receipt signed by addressee only. Not…

75-4-401. Effect of adjudication for or against personal representative. An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.

75-5-101.1. Definitions for chapter. As used in this chapter: (1) "Adult" means an individual who is 18 years old or older. (2) "Court visitor" means an individual who is trained in law, nursing, or social work and is an officer, employee, or special appointee of the court with n…

75-5-101.5. Jurisdiction of subject matter -- Consolidation of proceedings. (1) A court has jurisdiction over protective proceedings and guardianship proceedings in accordance with Chapter 5b, Uniform and Adult Guardianship and Protective Proceedings Jurisdiction Act, and Title 7…

75-5-102. Facility of payment or delivery. (1) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty to pay or deliver money or personal property, in amounts not exceeding $15,000 per annum, by paying or delivering the money or perso…

75-5-103. Delegation of powers by parent or guardian. A parent or a guardian of a minor or incapacitated person, by a properly-executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding car…

75-5-104. Power of court to appoint guardian ad litem not affected. Nothing contained in this chapter affects or impairs the power of any court to appoint a guardian to represent the interests of any minor interested in any suit or matter pending before it.

75-5-105. Bond of guardian. A guardian coming into the possession or control of funds or other property of a minor or incapacitated person may be required by the court to furnish a bond in an amount and under the conditions as set forth for conservators in Sectionsand.

75-5-201. Status of guardian of minor -- General. (1) A person becomes a guardian of a minor by acceptance of a testamentary appointment, through appointment by a local school board under Section, or upon appointment by the court. 53G-6-303 The guardianship status continues until…

75-5-202. Appointment of guardian of minor. (1) The parent of a minor may appoint a guardian of an unemancipated minor by will, as provided in this section, or by other written instrument as provided in Section. 75-5-202.5 (2) Subject to the rights of the minor and others under S…

75-5-202.5. Appointment of guardian by written instrument. (1) The parent of an unemancipated minor may appoint a guardian by written instrument designating the guardian. An appointment by written instrument becomes effective where: the written instrument is filed with the petiti…

75-5-203. Objection to appointment. Any person interested in the welfare of a minor, or a minor of 14 years or older, may file with the court in which the will is probated or the written instrument is filed a written objection to the appointment before it is accepted or within 30…

75-5-204. Court appointment of guardian of minor -- Conditions for appointment. (1) In accordance with Subsection, the court may appoint a guardian for an unemancipated minor if: (2) each parent of the minor acknowledges that the parent understands the legal effect of the guardia…

75-5-205. Court appointment of guardian of minor -- Venue. The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.

75-5-206. Court appointment of guardian of minor -- Qualifications -- Priority of minor's nominee. (1) The court may appoint as guardian any person whose appointment would be in the best interests of the minor. In determining the minor's best interests, the court may consider the…

75-5-207. Court appointment of guardian of minor -- Procedure. (1) Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by Sectionto: 75-1-401 the minor, if the minor is 14 yea…

75-5-208. Consent to service by acceptance of appointment -- Notice. By accepting a testamentary, instrumental, or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted b…

75-5-209. Powers and duties of guardian of minor -- Residual parental rights and duties -- Adoption of a ward. (1) For purposes of this section, "residual parental rights and duties" is as defined in Section. 80-1-102 (2) Except as provided in Subsection, a guardian of a minor ha…

75-5-210. Termination of appointment of guardian -- General. A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian or upon the minor's death, adoption, marriage, or attainment of majority, but termination does not affect his …

75-5-211. Proceedings subsequent to appointment -- Venue. (1) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of an appointment by will or written instrument was filed, over resignation, removal, acc…

75-5-212. Resignation or removal proceedings. (1) Any person interested in the welfare of a ward, or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward. A guardian may petition for perm…

75-5-301. Appointment of guardian for incapacitated person. (1) The parent of an incapacitated person may by will, or by written instrument as provided in Section, appoint a guardian of the incapacitated person. A testamentary appointment by a parent becomes effective when, after…