Utah Code § 75-6-401 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-401
§ 75-6-401. Title.
Status: in_force

This part is known as the "Uniform Real Property Transfer on Death Act."
Utah Code § 75-3-811 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-811
§ 75-3-811. Counterclaims.
Status: in_force

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 counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
Utah Code § 75-4-401 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-401
§ 75-4-401. Effect of adjudication for or against personal representative.
Status: in_force

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.
Utah Code § 75-2b-104 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-104
§ 75-2b-104. Disposition upon death.
Status: in_force

Upon the death of a married person, 1/2 of the property to which this chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. Property to which this chapter applies may not reduce, be subject to, or be used in calculating, the surviving spouse's elective share under this title.
Utah Code § 75-3-502 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-502
§ 75-3-502. Petition -- Order.
Status: in_force

A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the prayer for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the priority and qualification of any personal representative have not been adjudicated previously, the petition for supervised administration shall include the matters required of a petition in a formal testacy proceeding and the notice requirements and procedures applicable to a formal testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of the decedent and questions relating to the priority and qualifications of the personal representative in any case involving a request for supervised administration, even though the request for supervised administration may be denied. After notice to interested persons, the court shall order supervised administration of a decedent's estate: (1) If the decedent's will directs supervised administration, it shall be ordered unless the court finds that circumstances bearing on the need for supervised administration have changed since the execution of the will and that there is no necessity for supervised administration. (2) If the decedent's will directs unsupervised administration, supervised administration shall be ordered only upon a finding that it is necessary for protection of persons interested in the estate. (3) In other cases if the court finds that supervised administration is necessary under the circumstances.
Utah Code § 75-3-815 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-815
§ 75-3-815. Administration in more than one state -- Duty of personal representative.
Status: in_force

(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 the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent's domicile, prior charges and claims, after satisfaction of the exemptions, allowances and charges, each claimant whose claim has been allowed either in this state or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit. (3) In case the family exemptions and allowances, prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent's last domicile, the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.
Utah Code § 75-5-302 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-302
§ 75-5-302. Venue.
Status: in_force

The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.
Utah Code § 75-6-411 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-411
§ 75-6-411. Revocation by instrument authorized -- Revocation by act not permitted.
Status: in_force

(1) Subject to Subsection (2), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (a) is one of the following: (i) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency; (ii) an instrument of revocation that expressly revokes the deed or part of the deed; or (iii) an inter vivos deed that revokes the transfer on death deed or part of the deed expressly or by inconsistency; and (b) is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded in the public records in the office of the county recorder where the deed is recorded before the transferor's death. (2) If a transfer on death deed is made by more than one transferor: (a) revocation by a transferor does not affect the deed as to the interest of another transferor; and (b) a deed of joint owners is revoked only if it is revoked by all of the living joint owners. (3) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed. (4) This section does not limit the effect of an inter vivos transfer of the property. (5) Property subject to a revocation of a transfer on death deed shall adeem and nonademption statutes shall be inapplicable to the deed.
Utah Code § 75-6-402 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-402
§ 75-6-402. Definitions.
Status: in_force

As used in this part: (1) "Beneficiary" means a person who receives property under a transfer on death deed. (2) "Class gift" means a transfer to a group of persons who are classified by their relationship to one another or the transferor, and who are not individually named in the transferring document. (3) "Designated beneficiary" means a person designated to receive property in a transfer on death deed. (4) "Individual" means a natural person. (5) (a) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. (b) "Joint owner" includes a joint tenant, owner of community property with a right of survivorship, and tenant by the entirety. (c) "Joint owner" does not include a tenant in common or owner of community property without a right of survivorship. (6) "Natural person" means a human being. (7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (8) "Property" means an interest in real property located in this state that is transferable on the death of the owner. (9) "Transfer on death deed" means a deed authorized under this part. (10) "Transferor" means an individual, in their individual capacity, who makes a transfer on death deed.
Utah Code § 75-3-903 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-903
§ 75-3-903. Right of retainer.
Status: in_force

The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest; but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.
Utah Code § 75-5-401 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-401
§ 75-5-401. Protective proceedings.
Status: in_force

(1) Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows: (a) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection which cannot otherwise be provided, has or may have business affairs which may be jeopardized or prevented by minority, or that funds are needed for the minor's support and education and protection is necessary or desirable to obtain or provide funds. (b) The provisions of Subsection (1)(a) may be applied to a person beyond minority up to age 21 under special circumstances as determined by the court. (2) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that the person: (a) is unable to manage the person's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and (b) has property which will be wasted or dissipated unless proper management is provided or that funds are needed for the support, care, and welfare of the person or those entitled to be supported by the person and protection is necessary or desirable to obtain or provide funds. (3) Appointment of a conservator or other protective order may not be denied solely on the basis that the person for whom the conservatorship or other protective order is sought has a valid power of attorney in effect.
Utah Code § 75-5-312 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-312
§ 75-5-312. General powers and duties of guardian -- Penalties.
Status: in_force

(1) (a) A guardian of an incapacitated person shall diligently and in good faith carry out the specific duties, powers, and rights that the guardian is granted: (i) in an order of appointment by a court under Section 75-5-304; and (ii) under this section. (b) A court may, in the order of appointment, place specific limitations on the guardian's power, duties, and rights. (c) (i) Except as provided in this Subsection (1), a guardian has the same powers, rights, and duties respecting the ward that a parent has respecting the parent's unemancipated minor. (ii) A guardian is not liable to a third person for acts of the guardian's ward solely by reason of the relationship described in Subsection (1)(c)(i). (d) In carrying out duties, powers, and rights that a guardian is granted, the guardian shall encourage the ward, to the extent practicable, to participate in decisions, exercise self-determination, act on the ward's own behalf, and develop or regain the capacity to manage the ward's personal affairs. (e) To the extent known, a guardian, in making decisions about the ward, shall consider the expressed desires, preferences, and personal values of the ward. (2) Except as modified by an order of appointment under Section 75-5-304, a guardian has the following duties and powers: (a) to the extent that it is consistent with the terms of any order by a court relating to detention or commitment of the ward, a guardian is entitled to custody of the person of the ward and may establish the ward's place of residence within, or outside of, this state, except that the guardian must give consideration to the ward's preference for the ward's place of residence in accordance with Section 75-5-301.5; (b) if a guardian is entitled to custody of the ward, the guardian shall provide for the care, comfort, and maintenance of the ward and, whenever appropriate, arrange for the ward's training and education; (c) without regard to custodial rights of the ward's person, a guardian shall take reasonable care of the ward's clothing, furniture, vehicles, and other personal effects and commence protective proceedings if other property of the ward is in need of protection; (d) a guardian may give the consent or approval that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment, or service, except that the guardian must: (i) give consideration to the ward's current and previously stated desires for health care and medical treatment in accordance with Section 75-5-301.5; and (ii) respect the ward's right to receive timely, effective, and appropriate health care in accordance with Section 75-5-301.5; (e) a guardian is required to notify any interested person named in the order of appointment under Subsection 75-5-304(4) of any significant health care or treatment received by the ward; (f) a guardian is required to immediately notify persons who request notification and are not restricted in associating with the ward in accordance with Section 75-5-312.5 of: (i) the ward's admission to a hospital for three or more days or to a hospice program; (ii) the ward's death; or (iii) the arrangements for the disposition of the ward's remains; (g) a guardian is required to immediately notify all interested persons if the guardian reasonably believes that the ward's death is likely to occur within the next 10 days, based on: (i) the guardian's own observations; or (ii) information from the ward's physician or other medical care providers; (h) a guardian is required to: (i) unless emergency conditions exist: (A) file with the court a notice of the guardian's intent to move the ward; and (B) serve the notice on all interested persons at least 10 days before the day on which the guardian moves the ward; or (ii) take reasonable steps to: (A) notify all interested persons of the guardian's intent to move the ward; and (B) file the notice of the move with the court as soon as practicable following the earlier of the move or the date when the guardian's intention to move the ward is made known to the ward, the ward's care giver, or any other third party; (i) except as otherwise provided by Section 75-5-312.5, a guardian may not restrict or prohibit a ward's association, as defined in Section 75-5-312.5, with family, relatives, or friends; (j) if no conservator for the estate of the ward has been appointed, a guardian may: (i) institute proceedings to compel any person under a duty to support the ward or to pay sums for the welfare of the ward to perform that duty; (ii) compel the production of the ward's estate documents, including the ward's will, trust, power of attorney, and any advance health care directive; and (iii) receive money and tangible property deliverable to the ward and apply the money and property for support, care, and education of the ward, except that: (A) the guardian may not use funds from the ward's estate for room and board that the guardian or the guardian's spouse, parent, or child have furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one adult relative in the nearest degree of kinship to the ward in which there is an adult; and (B) the guardian shall exercise care to conserve any excess for the ward's needs; (k) if no conservator for the estate of the ward has been appointed: (i) for all estates in excess of $50,000 excluding the residence owned by the ward, a guardian shall send a report with a full accounting to the court on an annual basis; or (ii) for estates less than $50,000 excluding the residence owned by the ward, a guardian shall fill out an informal annual report and mail the report to the court; (l) a guardian shall provide an annual accounting of the status of the ward, including a report of the physical and mental condition of the ward, the ward's estate that has been subject to the guardian's possession, the ward's place of residence and others living in the same household, to the court in the petition or the annual report as required under Subsection (2)(k); and (m) a guardian shall comply with standards set by the National Guardianship Association for guardians to the extent that the standards are applicable to the guardian. (3) For the purposes of Subsections (2)(f), (g), and (h), an interested person is a person required to receive notice in guardianship proceedings as described in Section 75-5-309. (4) (a) An accounting report under Subsection (2)(k) shall include a statement regarding: (i) all assets at the beginning and end of the reporting year; (ii) any income received during the year; (iii) any disbursements for the support of the ward; (iv) any investments or trusts that are held for the ward's benefit; (v) any expenditures or fees charged to the ward's estate; and (vi) any other expenses incurred by the ward's estate. (b) The court may require additional information in an accounting report under Subsection (2)(k). (c) The Judicial Council shall approve forms for the accounting reports described in Subsection (2)(k). (d) An annual accounting report under Subsection (2)(k) shall be examined and approved by the court. (e) If the ward's income is limited to a federal or state program requiring an annual accounting report, a copy of that report may be submitted to the court in lieu of the required annual accounting report under Subsection (2)(k). (f) (i) A corporate fiduciary is not required to petition the court, but shall submit the corporate fiduciary's internal report annually to the court. (ii) The report under Subsection (4)(f)(i) shall be examined and approved by the court. (g) If a fee is paid for an accounting of an estate, a fee may not be charged for an accounting of the status of a ward under Subsection (2)(l). (h) Upon a motion and after a hearing, the court may alter the frequency of, or the information included in, an accounting report provided to a ward in accordance with Subsection 75-5-301.5(3)(l). (5) If a conservator has been appointed for a ward: (a) all of the ward's estate received by the guardian in excess of those funds expended to meet current expenses for support, care, and education of the ward shall be paid to the conservator for management as provided in this chapter; and (b) the guardian shall account to the conservator for funds expended. (6) (a) Any guardian of a person for whom a conservator has been appointed: (i) shall control the custody and care of the ward; and (ii) is entitled to receive reasonable sums for services and for room and board furnished to the ward as agreed upon between the guardian and the conservator if the amounts agreed upon are reasonable under the circumstances. (b) The guardian may request the conservator to expend the ward's estate by payment to third persons or institutions for the ward's care and maintenance. (7) (a) The court may impose a penalty in an amount not to exceed $5,000 if a guardian: (i) makes a substantial misstatement on filings of annual reports; (ii) is guilty of gross impropriety in handling the property of the ward; or (iii) willfully fails to file the report required by this section after receiving written notice from the court of the failure to file and after a grace period of two months has elapsed. (b) The court may order restitution of funds misappropriated from the estate of a ward. (c) A penalty under this Subsection (7) shall be paid by the guardian and may not be paid by the ward or the ward's estate. (d) The provisions and penalties in Subsection (2)(k) or (l) governing annual reports do not apply if the guardian or a coguardian is the parent of the ward. (8) A person who refuses to accept the authority of a guardian with authority over financial decisions to transact business with the assets of the ward after receiving a certified copy of letters of guardianship is liable for costs, expenses, attorney fees, and damages if the court determines that the person did not act in good faith in refusing to accept the authority of the guardian.
Utah Code § 75-5-407 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-407
§ 75-5-407. Procedure concerning hearing and order on original petition.
Status: in_force

(1) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for the hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the choice of the minor if 14 years of age or older. An attorney appointed by the court to represent a minor has the powers and duties of a guardian ad litem. (2) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has already retained counsel, the court may appoint an attorney to represent the person to be protected who then has the powers and duties of a guardian ad litem. (3) The legal representation of the protected person by an attorney shall terminate upon the appointment of a conservator, unless: (a) there are separate guardianship proceedings still pending before the court subsequent to the appointment of a conservator; (b) there is a timely filed appeal of the appointment of the conservator; or (c) upon an express finding of good cause, the court orders otherwise. (4) If the alleged disability is mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court, preferably a physician who is not connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court. (5) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.
Utah Code § 75-3-308 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-308
§ 75-3-308. Informal appointment proceedings -- Proof and findings required.
Status: in_force

(1) In informal appointment proceedings, the registrar shall determine whether: (a) the application for informal appointment of a personal representative is complete; (b) the applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief; (c) the applicant appears from the application to be an interested person; (d) on the basis of the statements in the application, venue is proper; (e) any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator; (f) any notice required by Section 75-3-204 has been given; and (g) from the statements in the application, the person whose appointment is sought has priority entitling him to the appointment. (2) Unless Section 75-3-612 controls, the application shall be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in Subsection 75-3-610(3) has been appointed in this or another county of this state, that, unless the applicant is the domiciliary personal representative or his nominee, the decedent was not domiciled in this state, and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.
Utah Code § 75-3-704 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-704
§ 75-3-704. Personal representative to proceed without court order -- Exception.
Status: in_force

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 representative, do so without adjudication, order, or direction of the court, but may invoke the jurisdiction of the court in proceedings authorized by this title to resolve questions concerning the estate or its administration.
Utah Code § 75-4-205 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-205
§ 75-4-205. Powers.
Status: in_force

A domiciliary foreign personal representative who has complied with Section 75-4-204 may 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 nonresident parties generally. The provisions of this section shall not apply to persons other than individuals acting as foreign personal representatives unless the state of the principal place of business of such foreign personal representative provides substantially similar provisions applicable to personal representatives from this state.
Utah Code § 75-3-107 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-107
§ 75-3-107. Probate and testacy proceedings -- Ultimate time limit -- Presumption and order of intestacy.
Status: in_force

(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 more than three years after the decedent's death, except: (a) if a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding; (b) appropriate probate or testacy proceedings may be maintained in relation to the estate of an absent, disappeared, or missing person for whose estate a conservator has been appointed, at any time within three years after the conservator becomes able to establish the death of the protected person; or (c) a proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful, may be commenced within the later of 12 months from the informal probate or three years from the decedent's death. (2) The limitations provided in Subsection (1) do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under Subsection (1)(a) or (b), the date on which a testacy proceeding is properly commenced shall be considered to be the date of the decedent's death for purposes of other limitations provisions of this title which relate to the date of death. (3) If no will is probated within three years from death, the presumption of intestacy is final and the court shall upon filing a proper petition enter an order to that effect. (4) Notwithstanding the time restriction in Subsection (1), the court has continuing jurisdiction to: (a) determine what property was owned by the decedent at the time of death; and (b) appoint, formally or informally, a personal representative or special administrator to administer the decedent's estate, except the following may not be presented against the estate: (i) a homestead allowance; (ii) exempt property; (iii) a family allowance; (iv) a support allowance; (v) an elective share of the surviving spouse; and (vi) a claim other than expenses of administration.
Utah Code § 75-3-1102 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1102
§ 75-3-1102. Procedure for securing court approval of compromise.
Status: in_force

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 acting for any minor child having beneficial interests or having claims which will or may be affected by the compromise. Execution is not required by any person whose identity cannot be ascertained or whose whereabouts is unknown and cannot reasonably be ascertained. (2) Any interested person, including the personal representative or a trustee, then may submit the agreement to the court for its approval and for execution by the personal representative, the trustee of every affected testamentary trust, and other fiduciaries and representatives. (3) After notice to all interested persons or their representatives, including the personal representative of the estate and all affected trustees of trusts, the court, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries or other representatives is just and reasonable, may make an order approving the agreement and directing all fiduciaries under its supervision to execute the agreement. Minor children represented only by their parents may be bound only if their parents join with other competent persons in execution of the compromise. Upon the making of the order and the execution of the agreement, all further disposition of the estate is in accordance with the terms of the agreement.
Utah Code § 75-6-414 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-414
§ 75-6-414. Disclaimer.
Status: in_force

A beneficiary may disclaim all or part of the beneficiary's interest.
Utah Code § 75-3-411 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-411
§ 75-3-411. Formal testacy proceedings -- Partial intestacy.
Status: in_force

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 to that effect.
Utah Code § 75-3-311 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-311
§ 75-3-311. Informal appointment unavailable in certain cases.
Status: in_force

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 this court, the registrar shall decline the application.
Utah Code § 75-5-315 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-315
§ 75-5-315. Copies of public records furnished to veterans administration.
Status: in_force

When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on behalf of the authorized representative of the veterans administration with a certified copy of such record.
Utah Code § 75-2-510 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-510
§ 75-2-510. Incorporation by reference.
Status: in_force

A writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Utah Code § 75-5-101.1 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-101.1
§ 75-5-101.1. Definitions for chapter.
Status: in_force

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 no personal interest in the proceedings. (3) "Full guardianship" means a guardianship that grants a guardian all the powers available to the guardian under the law with respect to an individual who is incapacitated, including all the powers, duties, and rights that a parent has with respect to the parent's unemancipated minor child. (4) "Incapacitated" means the same as that term is defined in Section 75-1-201. (5) "Joint legal decision-making" means two individuals, regardless of whether the individuals are married, sharing legal decision-making and each individual's rights or responsibilities are not being superior to the other individual's rights, except with respect to specified decisions set forth by the court or the individuals in an order of appointment. (6) "Legal decision-making" means the legal right and responsibility to make all legal decisions for an individual who is incapacitated, including decisions regarding education, health care, religious training, and personal care decisions. (7) "Letters of guardianship" means a legal document that establishes a guardian's authority to make decisions for an individual. (8) "Limited guardianship" means, except as provided in Section 75-5-316, a guardianship that grants the guardian less than all powers available to the guardian under the law or otherwise restricts the powers of the guardian. (9) "Order of appointment" means an order from a court: (a) appointing a guardian for an individual who is incapacitated; and (b) describing the powers, duties, and responsibilities of the guardian. (10) "Specialized care professional" means an individual who is certified as a National Certified Guardian or National Master Guardian by the Center for Guardianship Certification or similar organization. (11) "Suitable institution" means any nonprofit or for profit corporation, partnership, sole proprietorship, or other type of business organization that is owned, operated by, or employs a specialized care professional.
Utah Code § 75-5-606 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-606
§ 75-5-606. Appointment of counsel.
Status: in_force

(1) (a) Except as provided in Subsection (2), the court shall appoint an attorney to represent a respondent on a petition for guardianship unless the respondent has counsel of the respondent's own choice. (b) The respondent shall pay the costs of an attorney appointed under Subsection (1)(a) unless the respondent or the respondent's parents are indigent. (2) Counsel for a respondent is not required under Subsection (1) if: (a) the respondent is the child, grandchild, or sibling of the petitioner; (b) the value of the respondent's entire estate does not exceed $2,000 as established by an affidavit from the petitioner; (c) the respondent appears in court with the petitioner in-person or remotely; (d) the respondent is given the opportunity to communicate, to the extent possible, the respondent's acceptance of the appointment of a guardian; and (e) the court is satisfied that counsel is not necessary in order to protect the interests of the respondent. (3) If the court determines that a petition brought under this part is without merit, the petitioner shall pay any attorney fees and court costs. (4) The legal representation of the respondent by an attorney shall terminate upon the appointment of a guardian, unless: (a) there are separate conservatorship proceedings still pending before the court subsequent to the appointment of a guardian; (b) there is a timely filed appeal of the appointment of the guardian or the determination that the respondent is an individual with a severe intellectual disability; or (c) the court orders otherwise upon an express finding of good cause.
Utah Code § 75-5b-103 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-103
§ 75-5b-103. International application.
Status: in_force

A court of this state may treat a foreign country as if it were a state for the purpose of applying Part 1, General Provisions, Part 2, Jurisdiction, Part 3, Transfer of Jurisdiction, and Part 5, Miscellaneous Provisions.
Utah Code § 75-5b-207 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-207
§ 75-5b-207. Notice of proceeding.
Status: in_force

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition shall be given to those persons who would be entitled to notice of the petition if the proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is given in this state.
Utah Code § 75-6-410 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-410
§ 75-6-410. Notice, delivery, acceptance, consideration not required.
Status: in_force

A transfer on death deed is effective without: (1) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (2) consideration.
Utah Code § 75-3-405 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-405
§ 75-3-405. Formal testacy proceedings -- Uncontested cases -- Hearings and proof.
Status: in_force

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 Section 75-3-409 have been met or conduct a hearing in open court and require proof of the matters necessary to support the order sought. If evidence concerning execution of the will is necessary, the affidavit or testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or testimony of an attesting witness is not available, execution of the will may be proved by other evidence or affidavit.
Utah Code § 75-3-616 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-616
§ 75-3-616. Special administrator -- Appointed informally -- Powers and duties.
Status: in_force

(1) A special administrator appointed by the registrar in informal proceedings pursuant to Subsection 75-3-614(1)(a) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor and to deliver them to the general personal representative upon the special administrator's qualification. (2) The special administrator has the power of a personal representative under the title necessary to perform his duties.
Utah Code § 75-6-419 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-419
§ 75-6-419. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Utah Code § 75-3-204 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-204
§ 75-3-204. Demand for notice of order or filing concerning decedent's estate.
Status: in_force

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 the decedent, the nature of his interest in the estate, and the demandant's address or that of his attorney. The clerk shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in Section 75-1-401 to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate.
Utah Code § 75-2-513 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-513
§ 75-2-513. Separate writing identifying devise of certain types of tangible personal property.
Status: in_force

Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing shall be signed by the testator and shall describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.
Utah Code § 75-5-709 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-709
§ 75-5-709. Liability.
Status: in_force

(1) A person who is not a party to a supported decision-making agreement, including a provider of health care or financial services, that in good faith accepts or relies upon a supported decision-making agreement: (a) may presume that the signatures on the supported decision-making agreement are genuine, unless the person has actual knowledge that any signature on the supported decision-making agreement is not genuine; (b) may presume that a supported decision-making agreement is valid and that a purported supporter's authority is valid, unless the person has actual knowledge that the supported decision-making agreement or the purported supporter's authority has been revoked, terminated, or is otherwise void or invalid; and (c) is not subject to civil or criminal liability, or discipline for unprofessional conduct, for giving effect to a provision in a supported decision-making agreement, or for following the direction of a supporter given in accordance with the supported decision-making agreement. (2) If a person has reason to believe a principal is or has been the subject of abuse, neglect, or exploitation, or observes a principal being subjected to conditions or circumstances that would reasonably result in abuse, neglect, or exploitation, the person shall immediately report the suspected abuse, neglect, or exploitation to Adult Protective Services. (3) The provisions of this part may not be construed to affect mandatory reporting obligations related to abuse, neglect, or exploitation. (4) A supporter who violates this part or the terms of a supported decision-making agreement is liable to the principal or the principal's successor in interest for the amount required to restore the value of the principal's property to what it would have been had the violation not occurred. (5) A transaction between a supporter and a principal that occurs while a supported decision-making agreement is in effect, or while the supporter is in a position of trust with the principal, and from which the supporter obtains a benefit or advantage, is voidable by the principal unless the supporter establishes that the transaction was fair to the principal.
Utah Code § 75-5-314 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-314
§ 75-5-314. Mentally incompetent veteran -- Evidence of necessity for appointment of guardian.
Status: in_force

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative, that such person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing such veterans administration and that the appointment of a guardian is a condition precedent to the payment of any money due such ward by the veterans administration, shall be prima facie evidence of the necessity for such appointment.
Utah Code § 75-3-711 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-711
§ 75-3-711. Improper exercise of power -- Breach of fiduciary duty.
Status: in_force

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 of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in Sections 75-3-712 and 75-3-713.
Utah Code § 75-2-606 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-606
§ 75-2-606. Nonademption of specific devises -- Unpaid proceeds of sale, condemnation, or insurance -- Sale by conservatory or agent.
Status: in_force

(1) A specific devisee has a right to the specifically devised property in the testator's estate at death and: (a) any balance of the purchase price, together with any security agreement, owing from a purchaser to the testator at death by reason of sale of the property; (b) any amount of a condemnation award for the taking of the property unpaid at death; (c) any proceeds unpaid at death on fire or casualty insurance on or other recovery for injury to the property; (d) property owned by the testator at death and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically devised obligation; (e) real or tangible personal property owned by the testator at death which the testator acquired as a replacement for specifically devised real or tangible personal property; and (f) unless the facts and circumstances indicate that ademption of the devise was intended by the testator or ademption of the devise is consistent with the testator's manifested plan of distribution, the value of the specifically devised property to the extent the specifically devised property is not in the testator's estate at death and its value or its replacement is not covered by Subsections (1)(a) through (e). (2) If specifically devised property is sold or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if a condemnation award, insurance proceeds, or recovery for injury to the property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery. (3) The right of a specific devisee under Subsection (2) is reduced by any right the devisee has under Subsection (1). (4) For the purposes of the references in Subsection (2) to a conservator, Subsection (2) does not apply if after the sale, mortgage, condemnation, casualty, or recovery, it was adjudicated that the testator's incapacity ceased and the testator survived the adjudication by one year. (5) For the purposes of the references in Subsection (2) to an agent acting within the authority of a durable power of attorney for an incapacitated principal: (a) "incapacitated principal" means a principal who is an incapacitated person; (b) no adjudication of incapacity before death is necessary; and (c) the acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal.
Utah Code § 75-3-604 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-604
§ 75-3-604. Bond amount -- Security -- Procedure -- Reduction.
Status: in_force

If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the clerk indicating his best estimate of the value of the personal and real estate of the decedent and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the clerk, or give other suitable security, in an amount not less than the estimate reduced by the amount of secured claims against such property. The clerk shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security. The clerk may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution (as defined in Section 75-6-101) in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.
Utah Code § 75-3-409 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-409
§ 75-3-409. Formal testacy proceedings -- Order -- Foreign will.
Status: in_force

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 commenced within the limitation prescribed by Section 75-3-107, it shall determine the decedent's domicile at death, his heirs, and his state of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of any previous informal appointment of a personal representative, which may be appropriate in view of the relief requested and findings, is governed by Section 75-3-612. The petition shall be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged decedent is dead. A will from a place which does not provide for probate of a will after death may be proved for probate in this state by a duly authenticated certificate of its legal custodian that the copy introduced is a true copy and that the will has become effective under the law of the other place.
Utah Code § 75-13-302 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-302
§ 75-13-302. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit or supersede 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Sec. 7003(b).
Utah Code § 75-3-306 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-306
§ 75-3-306. Informal probate -- Notice requirements.
Status: in_force

(1) The moving party must give notice as described by Section 75-1-401 of his application for informal probate: (a) To any person demanding it pursuant to Section 75-3-204. (b) To any personal representative of the decedent whose appointment has not been terminated. (2) Upon receipt of an application for informal probate of a will, the clerk shall give written notice of the application to the heirs and devisees who have not waived notice. The notice shall include the name and address of the applicant, the name and location of the court in which the application was filed, the date on which the application was filed, and a statement to the effect that the requested probate will be granted after the elapse of 10 days from the date of the notice. The notice shall be delivered or sent by ordinary mail to each of the heirs and devisees at his address as shown on the application. The failure of an heir or devisee to object to the granting of the probate within the prescribed period of time shall not affect his right to petition the court to set the probate aside under Section 75-3-401.
Utah Code § 75-1-306 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-306
§ 75-1-306. Jury trial.
Status: in_force

(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 right to trial by jury under Subsection (1) of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
Utah Code § 75-3-304 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-304
§ 75-3-304. Informal probate -- Unavailable in certain cases.
Status: in_force

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.
Utah Code § 75-2-1204 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1204
§ 75-2-1204. When nonvested property interest or power of appointment created.
Status: in_force

(1) Except as otherwise provided in this section or Section 75-2-1207, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (2) For purposes of this part, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of: (a) a nonvested property interest; or (b) a property interest subject to a power of appointment described in Section 75-2-1203, the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. (3) For purposes of this title, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. (4) A person who exercises an initial power of appointment may provide in the exercise of that power of appointment: (a) for a nonvested property interest that is considered: (i) created when the initial power is irrevocably exercised or when a revocable exercise becomes irrevocable; and (ii) not created at the time of the creation of the initial power of appointment that is exercised; and (b) for a further power of appointment created by the exercise of the initial power of appointment that is considered: (i) created when the initial power is irrevocably exercised or when a revocable exercise becomes irrevocable; and (ii) not created at the time of the creation of the initial power of appointment that is exercised.
Utah Code § 75-3-109 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-109
§ 75-3-109. Letters upon several estates jointly.
Status: in_force

(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 these estates jointly if administration has not commenced with respect to the estate and if: (a) all or any part of the estate of one decedent has descended from another decedent; or (b) two or more decedents held any property during their lifetimes as tenants-in-common and if the persons entitled under the wills of these decedents or under the law of intestate succession to receive the estates of these decedents are the same. (2) If letters are granted upon two or more estates jointly under this section, these estates shall be administered the same as if they were but one estate except that claims may be enforced only against the estate to which they relate.
Utah Code § 75-3-1101 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1101
§ 75-3-1101. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons.
Status: in_force

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 effect of any probated will, the rights or interests in the estate of the decedent, any successor, or the administration of the estate, if approved in a formal proceeding in the court for that purpose, is binding on all the parties thereto, including those unborn, unascertained, or who could not be located. An approved compromise is binding even though it may affect a trust or an inalienable interest. A compromise does not impair the rights of creditors or of taxing authorities who are not parties to it.
Utah Code § 75-3-501 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-501
§ 75-3-501. Nature of proceeding.
Status: in_force

Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal representative or other order terminating the proceeding. A supervised personal representative is responsible to the court, as well as to the interested parties, and is subject to directions concerning the estate made by the court on its own motion or on the motion of any interested party. Except as otherwise provided in this part, or as otherwise ordered by the court, a supervised personal representative has the same duties and powers as a personal representative who is not supervised.
Utah Code § 75-6-102 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-102
§ 75-6-102. Ownership as between parties and others -- Protection of financial institutions.
Status: in_force

The provisions of Sections 75-6-103 through 75-6-105 concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of Sections 75-6-108 through 75-6-113 govern the liability of financial institutions who make payments pursuant thereto, and their setoff rights.
Utah Code § 75-5-317 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-317
§ 75-5-317. Guardianship proceedings for minor becoming an incapacitated adult.
Status: in_force

(1) As used in this section: (a) "Physician" means an individual: (i) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or (ii) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. (b) "Psychologist" means a person licensed under Title 58, Chapter 61, Psychologist Licensing Act, to engage in the practice of psychology as defined in Section 58-61-102. (c) "Sole legal decision-making" means one parent or one individual having the legal right and responsibility to make major decisions for the minor child. (2) (a) Notwithstanding the other provisions of this part, a person who may be a guardian of an incapacitated person under Section 75-5-301 may initiate guardianship proceedings pursuant to this Subsection (2) for a minor who is at least 17 years, six months old and who is alleged to be incapacitated and request that a guardianship order take effect immediately on the day the minor turns 18 years old. (b) (i) The petitioner shall provide with the petition a written report of an evaluation of the minor by a physician or psychologist that meets the requirements of Subsection (2)(c). (ii) If the evaluation is conducted within six months after the date the petition is filed with the court, the petitioner may ask in the petition that the court accept this report in lieu of ordering any additional evaluation and the court may grant the request. (c) A written report filed pursuant to this section by a physician or psychologist acting within that person's scope of practice shall include the following information: (i) a specific description of the physical, psychiatric, or psychological diagnosis of the person; (ii) a comprehensive assessment listing any functional impairments of the alleged incapacitated person and an explanation of how and to what extent these functional impairments may prevent that person from receiving or evaluating information in making decisions or in communicating informed decisions, with or without assistance, regarding that person; (iii) an analysis of the tasks of daily living the alleged incapacitated person is capable of performing independently or with assistance; (iv) a list of the medications the alleged incapacitated person is receiving, the dosage of the medications, and a description of the effects each medication has on the person's behavior to the best of the declarant's knowledge; (v) a prognosis for improvement in the alleged incapacitated person's condition and a recommendation for the most appropriate rehabilitation plan or care plan; and (vi) other information the physician or psychologist considers appropriate. (3) (a) Notwithstanding the priorities in Section 75-5-311, if the petition for appointment of a guardian for the incapacitated person is filed pursuant to Subsection (2) or within two years after the day the incapacitated person turns 18 years old, unless the court finds the appointment to be contrary to the incapacitated person's best interest: (i) the court shall appoint as the incapacitated person's guardian any person who, by court order, had sole legal decision-making of the incapacitated person when the incapacitated person attained 17 years, six months old; or (ii) if two individuals had joint legal decision-making of the incapacitated person when the incapacitated person attained 17 years, six months old, the court shall appoint both individuals as the incapacitated person's coguardians. (b) If under Subsection (3)(a) the court finds the appointment of an individual described in Subsection (3)(a) is contrary to the incapacitated person's best interest or if the individual is unwilling to be appointed or serve as a guardian, the court may apply the priorities in Section 75-5-311 in appointing a guardian. (4) (a) The court may appoint more than one person as the incapacitated person's coguardians if the appointment is required by Subsection (3) or the court finds that the appointment is in the incapacitated person's best interest. (b) If the court appoints coguardians, the coguardians shall share legal decision-making for the incapacitated person and neither coguardian's rights or responsibilities are superior except as otherwise ordered by the court.
Utah Code § 75-6-415 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-415
§ 75-6-415. Liability for creditor claims and statutory allowances.
Status: in_force

(1) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, only the estate may enforce the liability against property transferred at the transferor's death by a transfer on death deed. (2) If more than one property is transferred by one or more transfer on death deeds, the liability under Subsection (1) is apportioned among the properties in proportion to their net values at the transferor's death. (3) A probate proceeding to enforce the liability under this section shall be commenced not later than 12 months after the transferor's death. (4) The estate may expressly waive the estate's claim against the property.
Utah Code § 75-5-413 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-413
§ 75-5-413. Acceptance of appointment -- Consent to jurisdiction.
Status: in_force

By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator or mailed to him by registered or certified mail at his address as listed in the petition for appointment, or as thereafter reported to the court, and to his address as then known to the petitioner.
Utah Code § 75-1-106 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-106
§ 75-1-106. Effect of fraud and evasion.
Status: in_force

(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 appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefitting from the fraud, whether innocent or not. (2) Any proceeding must be commenced within three years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. (3) This section has no bearing on remedies relating to fraud practiced on a decedent during the decedent's lifetime which affects the succession of the decedent's estate.
Utah Code § 75-3-718 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-718
§ 75-3-718. Compensation of personal representative and attorney.
Status: in_force

(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 compensation or the attorney's compensation and if no objection is filed by an interested person to the compensation requested, reasonable compensation shall be the compensation sought in the petition. When an interested person objects to the personal representative's compensation, the court shall determine reasonable compensation for the personal representative based on the quality, quantity, and value of the services rendered to the estate and the circumstances under which those services were rendered, including the practice for other fiduciaries who are in similar circumstances to the personal representative in question. When an interested person objects to the attorney's compensation, the court shall determine reasonable compensation for the attorney. (2) When a petition seeks approval of or objects to a personal representative's compensation or an attorney's compensation, at least 10 days before the time set for the hearing of the petition, the petitioner or the petitioner's attorney shall send a copy of the petition to all interested persons either by certified, registered, or first class mail or by hand-delivery. (3) If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.
Utah Code § 75-5-207 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-207
§ 75-5-207. Court appointment of guardian of minor -- Procedure.
Status: in_force

(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 Section 75-1-401 to: (a) the minor, if the minor is 14 years old or older; (b) the person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition; (c) any living parent of the minor; (d) any guardian appointed by the will or written instrument of the parent of the minor who died last; and (e) the school district in which the petitioner resides and a representative of the school district may participate in the hearing. (2) (a) After a hearing, a court may appoint a guardian if the court finds by preponderance of the evidence that: (i) a qualified person seeks appointment; (ii) venue is proper; (iii) the required notices have been given; (iv) the requirements of Sections 75-5-204 and 75-5-206 have been met; and (v) the welfare and best interests of the minor will be served by the requested appointment. (b) In other cases the court may dismiss the proceedings or make any other disposition of the matter that will best serve the interest of the minor. (3) (a) If necessary, the court may appoint a temporary guardian, with the status of an ordinary guardian of a minor. (b) The authority of a temporary guardian may not last longer than six months. (4) If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 years old or older.
Utah Code § 75-2-507 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-507
§ 75-2-507. Revocation by writing or by act.
Status: in_force

(1) A will or any part thereof is revoked: (a) by executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or (b) by performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator's conscious presence and by the testator's direction. For purposes of this subsection, "revocatory act on the will" includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a "revocatory act on the will," whether or not the burn, tear, or cancellation touched any of the words on the will. (2) If a subsequent will does not expressly revoke a previous will, the execution of the subsequent will wholly revokes the previous will by inconsistency if the testator intended the subsequent will to replace rather than supplement the previous will. (3) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked; only the subsequent will is operative on the testator's death. (4) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator's estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will; each will is fully operative on the testator's death to the extent they are not inconsistent.
Utah Code § 75-5b-205 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-205
§ 75-5b-205. Declining jurisdiction if another court is a more appropriate forum.
Status: in_force

(1) A court of this state having jurisdiction under Section 75-5b-202 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) If a court of this state declines to exercise its jurisdiction under Subsection (1), it shall either dismiss or stay the proceeding. The court may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be promptly filed in another state. (3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (a) any expressed preference of the respondent; (b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (c) the length of time the respondent was physically located in or was a legal resident of this or another state; (d) the distance of the respondent from the court in each state; (e) the financial circumstances of the respondent's estate; (f) the nature and location of the evidence; (g) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (h) the familiarity of the court of each state with the facts and issues in the proceeding; and (i) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.
Utah Code § 75-5-702 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-702
§ 75-5-702. Purposes of part.
Status: in_force

The purposes of this part are to: (1) provide a principal assistance in: (a) gathering and assessing information; (b) understanding options, responsibilities, and consequences of a decision; and (c) communicating decisions for a principal if the principal wants assistance with communicating decisions; (2) give a supporter legal status, as specified in a supported decision-making agreement, to be with a principal, to access information on behalf of a principal, and to participate in discussions with others when a principal is making decisions or seeking to obtain information; and (3) enable a supporter to assist in making and communicating decisions for a principal, but not to substitute as the decision maker for a principal.
Utah Code § 75-2-1402 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1402
§ 75-2-1402. Definitions.
Status: in_force

As used in this part: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) "Electronic presence" means the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location. (3) "Electronic will" means a will executed electronically in compliance with Subsection 75-2-1405(1). (4) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (5) "Sign" means, with present intent to authenticate or adopt a record: (a) to execute or adopt a tangible symbol; or (b) to affix to or logically associate with the record an electronic symbol or process. (6) (a) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (b) "State" includes a federally recognized Indian tribe.
Utah Code § 75-1-403 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-403
§ 75-1-403. Pleadings -- Notice.
Status: in_force

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 following apply: (1) Interests to be affected shall be described in pleadings which give reasonable information to owners by name or class, by reference to the instrument creating the interests, or in any other appropriate manner. (2) Notice is required as follows: (a) Notice as prescribed by Section 75-1-401 shall be given to every interested person. Notice may be given both to a person and to another who may bind him. (b) Whenever notice to a person is required or permitted under this chapter, notice to another person who may represent and bind the person represented under this section constitutes notice to the person represented. (3) Persons are bound by orders binding others in the following cases: (a) To the extent there is no conflict of interest between the holder of a general testamentary power of appointment and the persons represented with respect to a particular question or dispute, the holder may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. (b) To the extent there is no conflict of interest between the representative and the person represented with respect to a particular question or dispute: (i) a conservator may represent and bind the person whose estate he controls; (ii) a guardian may represent and bind the ward if no conservator of the ward's estate has been appointed; (iii) an agent having authority to do so may represent and bind the principal; (iv) a trustee may represent and bind the beneficiaries of the trust; (v) a personal representative of a decedent's estate may represent and bind persons interested in the estate; and (vi) if no conservator or guardian has been appointed, a parent may represent and bind the parent's minor or unborn child. (c) Unless otherwise represented, a minor, incapacitated or unborn person, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented. (4) Even if there is representation under this section, if the court determines that representation of the interest might otherwise be inadequate, the court may appoint a guardian ad litem to represent the interest of, and approve an agreement on behalf of, a minor, incapacitated or unborn person, or a person whose identity or location is unknown. (5) If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. In approving an agreement, a guardian ad litem may consider the general family benefit accruing to the living members of the family of the person represented. (6) Whenever consent may be given by a person pursuant to this chapter, the consent of a person who may represent and bind the person represented under this section is the consent of, and is binding on, the person represented unless the person represented objects to the representation before the consent would otherwise become effective.
Utah Code § 75-2-211 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-211
§ 75-2-211. Proceeding for elective share -- Time limit.
Status: in_force

(1) Except as provided in Subsection (2), the election shall be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent's death, or within six months after the probate of the decedent's will, whichever limitation later expires. The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate and to the distributees and recipients of portions of the augmented estate whose interests will be adversely affected by the taking of the elective share. Except as provided in Subsection (2), the decedent's nonprobate transfers to others are not included within the augmented estate for the purpose of computing the elective-share, if the petition is filed more than nine months after the decedent's death. (2) Within nine months after the decedent's death, the surviving spouse may petition the court for an extension of time for making an election. If, within nine months after the decedent's death, the spouse gives notice of the petition to all persons interested in the decedent's nonprobate transfers to others, the court for cause shown by the surviving spouse may extend the time for election. If the court grants the spouse's petition for an extension, the decedent's nonprobate transfers to others are not excluded from the augmented estate for the purpose of computing the elective-share and supplemental elective-share amounts, if the spouse makes an election by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within the time allowed by the extension. (3) The surviving spouse may withdraw his demand for an elective share at any time before entry of a final determination by the court. (4) After notice and hearing, the court shall determine the elective-share and supplemental elective-share amounts, and shall order its payment from the assets of the augmented estate or by contribution as appears appropriate under Sections 75-2-209 and 75-2-210. If it appears that a fund or property included in the augmented estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he would have been under Sections 75-2-209 and 75-2-210 had relief been secured against all persons subject to contribution. (5) An order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of Utah or other jurisdictions.
Utah Code § 75-5b-105 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-105
§ 75-5b-105. Cooperation between courts.
Status: in_force

(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) hold an evidentiary hearing; (b) order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (c) order that an evaluation or assessment be made of the respondent; (d) order any appropriate investigation of a person involved in a proceeding; (e) forward to the court of this state a certified copy of the transcript or other record of a hearing under Subsection (1)(a) or any other proceeding, any evidence otherwise produced under Subsection (1)(b), and any evaluation or assessment prepared in compliance with an order under Subsection (1)(c) or (d); (f) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and (g) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 Code of Federal Regulations Section 164.504. (2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in Subsection (1), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Utah Code § 75-5-310.5 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-310.5
§ 75-5-310.5. Temporary guardians.
Status: in_force

(1) If, after notice and hearing as required by Section 75-5-303, the court finds good cause, the court may: (a) appoint a temporary guardian; (b) convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Section 75-5-310; or (c) appoint a different person as temporary guardian to replace an emergency guardian appointed under Section 75-5-310. (2) Unless the allegedly incapacitated person has already obtained counsel in this proceeding or an attorney has been already appointed for the person, the court shall appoint an attorney to represent the person in the proceeding. (3) Until a full hearing and further order of the court, the temporary guardian shall be charged with the care and custody of the ward and may not permit the ward to be removed from the state. The authority of any permanent guardian previously appointed by the court is suspended so long as a temporary guardian has authority. (4) A temporary guardian may be removed at any time, and shall obey all orders and make any reports required by the court. (5) A temporary guardian has all of the powers and duties of a permanent guardian as set forth in Section 75-5-312.
Utah Code § 75-3-1007 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1007
§ 75-3-1007. Certificate discharging liens securing fiduciary performance.
Status: in_force

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 action concerning the estate is pending in any court, is entitled to receive a certificate from the registrar that the personal representative appears to have fully administered the estate in question. The certificate evidences discharge of any lien on any property given to secure the obligation of the personal representative in lieu of bond or any surety but does not preclude action against the personal representative or the surety.
Utah Code § 75-5-425 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-425
§ 75-5-425. Distributive duties and powers of conservator.
Status: in_force

(1) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and the protected person's dependents in accordance with the following principles: (a) The conservator is to consider recommendations relating to the appropriate standard of support, education, and benefit for the protected person made by a parent or guardian, if any. A conservator may not be surcharged for sums paid to persons or organizations actually furnishing support, education, or care to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian is deriving personal financial benefit therefrom, including relief from any personal duty of support, or unless the recommendations are clearly not in the best interests of the protected person. (b) The conservator is to expend or distribute sums reasonably necessary for the support, education, care or benefit of the protected person with due regard to: (i) the size of the estate, the probable duration of the conservatorship and the likelihood that the protected person, at some future time, may be fully able to manage the protected person's affairs and the estate which has been conserved for the protected person; (ii) the accustomed standard of living of the protected person and members of the protected person's household; and (iii) other funds or sources used for the support of the protected person. (c) The conservator may expend funds of the estate for the support of persons legally dependent on the protected person and others who are members of the protected person's household who are unable to support themselves and who are in need of support. (d) Funds expended under this Subsection (1) may be paid by the conservator to any person, including the protected person to reimburse for expenditures which the conservator might have made, or in advance for services to be rendered to the protected person when it is reasonable to expect that they will be performed and where advance payments are customary or reasonably necessary under the circumstances. (2) If the estate is ample to provide for the purposes implicit in the distributions authorized by Subsection (1), a conservator for a protected person other than a minor has power to make gifts to charity and other objects as the protected person might have been expected to make, in amounts which do not exceed in total for any year 20% of the income from the estate. (3) When a person who is a minor and who has not been adjudged to have a disability under Subsection 75-5-401(2)(a) attains the age of majority, the person's conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible. (4) When the conservator is satisfied that a protected person's disability, other than minority, has ceased, the conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible. (5) If a protected person dies, the conservator: (a) shall: (i) deliver to the court for safekeeping any will of the deceased protected person that may have come into the conservator's possession; (ii) inform the personal representative or a beneficiary named in the will that the conservator has done so; and (iii) retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled to it; (b) may continue to pay the obligations lawfully due against the estate and to protect the estate from waste, injury, or damages that might reasonably be foreseeable; and (c) may apply to exercise the powers and duties of a personal representative so that the conservator may proceed to administer and distribute the decedent's estate without additional or further appointment, provided that at least 40 days from the death of the protected person no other person has been appointed personal representative and no application or petition for appointment is before the court. (6) Upon application for an order granting the powers of a personal representative to a conservator as provided in Subsection (5)(c) and after notice as provided in Section 75-3-310, the court may order the conferral of the power upon determining that there is no objection and endorse the letters of the conservator to note that the formerly protected person is deceased and that the conservator has acquired all of the powers and duties of a personal representative. The making and entry of an order under this section shall have the effect of an order of appointment of a personal representative as provided in Section 75-3-308 and Chapter 3, Part 6, Personal Representative - Appointment, Control, and Termination of Authority, Part 7, Duties and Powers of Personal Representatives, Part 8, Creditors' Claims, Part 9, Special Provisions Relating to Distribution, and Part 10, Closing Estates, except that the estate in the name of the conservator, after administration, may be distributed to the decedent's successors without prior retransfer to the conservator as personal representative.
Utah Code § 75-5-418 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-418
§ 75-5-418. Inventory and records.
Status: in_force

(1) Within 90 days after appointment of a conservator, the conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with an oath or affirmation that it is complete and accurate so far as the conservator is informed. The estate of the protected person does not include the assets of a trust. (2) The conservator shall provide a copy of the inventory to the protected person if the person: (a) can be located; (b) has attained the age of 14 years; and (c) has sufficient mental capacity to understand these matters, and to any parent or guardian with whom the protected person resides. (3) The conservator shall keep suitable financial records and produce them upon the request of any interested person.
Utah Code § 75-3-1005 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1005
§ 75-3-1005. Limitations on proceedings against personal representative.
Status: in_force

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 representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
Utah Code § 75-2-112 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-112
§ 75-2-112. Dower and curtesy abolished.
Status: in_force

The estates of dower and curtesy are abolished.
Utah Code § 75-2-1401 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-1401
§ 75-2-1401. Title.
Status: in_force

This part is known as the "Uniform Electronic Wills Act."
Utah Code § 75-3-708 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-708
§ 75-3-708. Duty of personal representative -- Possession of estate.
Status: in_force

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 property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.
Utah Code § 75-3-403 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-403
§ 75-3-403. Formal testacy proceeding -- Notice of hearing on petition.
Status: in_force

(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 Section 75-1-401 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for notice under Section 75-3-204. Notice shall be given to the following persons: the surviving spouse, children, and other heirs of the decedent, the devisees and executors named in any will that is being, or has been, probated, or offered for informal or formal probate in the county, or that is known by the petitioner to have been probated, or offered for informal or formal probate elsewhere, and any personal representative of the decedent whose appointment has not been terminated. Notice may be given to other persons. In addition, the petitioner shall give notice by publication to all unknown persons and to all known persons whose addresses are unknown who have any interest in the matters being litigated. (2) If it appears by the petition or otherwise that the fact of the death of the alleged decedent may be in doubt, or on the written demand of any interested person, a copy of the notice of the hearing on the petition shall be sent by registered mail to the alleged decedent at his last known address. The court shall direct the petitioner to report the results of, or make and report back concerning, a reasonably diligent search for the alleged decedent in any manner that may seem advisable, including any or all of the following methods: (a) By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent; (b) By notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the alleged decedent; (c) By engaging the services of an investigator. The costs of any search so directed shall be paid by the petitioner if there is no administration or by the estate of the decedent in case there is administration.
Utah Code § 75-5-210 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-210
§ 75-5-210. Termination of appointment of guardian -- General.
Status: in_force

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 liability for prior acts nor his obligation to account for funds and assets of his ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
Utah Code § 75-5b-203 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-203
§ 75-5b-203. Special jurisdiction.
Status: in_force

(1) A court of this state lacking jurisdiction under Section 75-5b-202 has jurisdiction to do any of the following: (a) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (b) issue a protective order with respect to real or tangible personal property located in this state; and (c) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 75-5b-301. (2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Utah Code § 75-2-604 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-604
§ 75-2-604. Failure of testamentary provision.
Status: in_force

(1) Except as provided in Section 75-2-603, a devise, other than a residuary devise, that fails for any reason becomes a part of the residue. (2) Except as provided in Section 75-2-603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue.
Utah Code § 75-3-814 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-814
§ 75-3-814. Encumbered assets.
Status: in_force

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 the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.
Utah Code § 75-5b-106 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-106
§ 75-5b-106. Taking testimony in another state.
Status: in_force

(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone, audiovisual, or other electronic means. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. (3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Utah Code § 75-5-403 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-403
§ 75-5-403. Venue.
Status: in_force

Venue for proceedings under this part is: (1) In the county in this state where the person to be protected resides, whether or not a guardian has been appointed in another place; or (2) If the person to be protected does not reside in this state, in any county where he has property.
Utah Code § 75-5-402 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-402
§ 75-5-402. Protective proceedings -- Jurisdiction of affairs of protected persons.
Status: in_force

After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated; (2) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state shall be managed, expended, or distributed to or for the use of the protected person or any of his dependents; (3) Concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and his title to any property or claim.
Utah Code § 75-2-802 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-802
§ 75-2-802. Effect of divorce, annulment, and decree of separation.
Status: in_force

(1) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section. (2) For purposes of Part 1, Intestate Succession, Part 2, Elective Share of Surviving Spouse, Part 3, Spouse and Children Unprovided for in Wills, and Part 4, Exempt Property and Allowances, and Section 75-3-203, a surviving spouse does not include: (a) an individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless subsequently they participate in a marriage ceremony purporting to marry each to the other or live together as husband and wife; (b) an individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third individual; or (c) an individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Utah Code § 75-3-806 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-806
§ 75-3-806. Allowance of claims.
Status: in_force

(1) As to claims presented in the manner described in Section 75-3-804 and within the time limit prescribed in Section 75-3-803, the personal representative may mail a notice to any claimant stating that the claim has been allowed or disallowed. If, after allowing or disallowing a claim, the personal representative changes the decision concerning the claim, the personal representative shall notify the claimant. The personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has expired and the claim has been barred. If the notice of disallowance warns the claimant of the impending bar, a claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed, unless the claimant seeks a court ordered allowance by filing a petition for allowance in the court or by commencing a proceeding against the personal representative not later than 60 days after the mailing of the notice of disallowance or partial allowance. If the personal representative fails to mail notice to a claimant of action on the claim within 60 days after the time for original presentation of the claim has expired, this failure has the effect of a notice of allowance. (2) Upon the petition of the personal representative or a claimant in a proceeding for this purpose, the court may order any claim presented to the personal representative or filed with the clerk of the court in a timely manner and not barred by Subsection (1) to be allowed in whole or in part. Notice of this proceeding shall be given to the claimant, the personal representative, and those other persons interested in the estate as the court may direct by order at the time the proceeding is commenced. (3) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is a court ordered allowance of the claim. (4) Unless otherwise provided in any judgment in another court entered against the personal representative, allowed claims bear interest at the legal rate for the period commencing six months after the decedent's date of death unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
Utah Code § 75-3-906 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-906
§ 75-3-906. Distribution in kind -- Valuation -- Method.
Status: in_force

(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) A specific devisee is entitled to distribution of the thing devised to him, and a spouse or child who has selected particular assets of an estate as provided in Section 75-2-403 shall receive the items selected. (b) Any homestead or family allowance or devise payable in money may be satisfied by value in kind provided: (i) the person entitled to the payment has not demanded payment in cash; (ii) the property distributed in kind is valued at fair market value as of the date of its distribution; and (iii) no residuary devisee has requested that the asset in question remain a part of the residue of the estate. (c) For the purpose of valuation under Subsection (1)(b) above, securities regularly traded on recognized exchanges, if distributed in kind, are valued at the price for the last sale of like securities traded on the business day prior to distribution, or if there was no sale on that day, at the median between amounts bid and offered at the close of that day. Assets consisting of sums owed the decedent or the estate by solvent debtors as to which there is no known dispute or defense are valued at the sum due with accrued interest or discounted to the date of distribution. For assets which do not have readily ascertainable values, a valuation as of a date not more than 30 days prior to the date of distribution, if otherwise reasonable, controls. For purposes of facilitating distribution, the personal representative may ascertain the value of the assets as of the time of the proposed distribution in any reasonable way, including the employment of qualified appraisers, even if the assets may have been previously appraised. (d) The residuary estate shall be distributed in kind if there is no objection to the proposed distribution and it is practicable to distribute undivided interests. In other cases, residuary property may be converted into cash for distribution. (2) After the probable charges against the estate are known, the personal representative may mail or deliver a proposal for distribution to all persons who have a right to object to the proposed distribution. The right of any distributee to object to the proposed distribution on the basis of the kind or value of asset he is to receive, if not waived earlier in writing, terminates if he fails to object in writing received by the personal representative within 30 days after mailing or delivery of the proposal.
Utah Code § 75-3-504 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-504
§ 75-3-504. Powers of personal representative.
Status: in_force

(1) Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal representatives under this title, but he shall not exercise his power to make any distribution of the estate without prior order of the court. (2) Any other restriction on the power of a personal representative which may be ordered by the court must be endorsed on his letters of appointment and, unless so endorsed, is ineffective as to persons dealing in good faith with the personal representative.
Utah Code § 75-3-608 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-608
§ 75-3-608. Termination of appointment -- General.
Status: in_force

(1) Termination of appointment of a personal representative occurs as indicated in Sections 75-3-609 through 75-3-612. (2) Termination ends the right and power pertaining to the office of personal representative as conferred by this title or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. (3) Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination or relieve him of the duty to preserve assets subject to his control, to account therefor, and to deliver the assets. (4) Termination does not affect the jurisdiction of the court over the personal representative but terminates his authority to represent the estate in any pending or future proceeding.
Utah Code § 75-5-211 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-211
§ 75-5-211. Proceedings subsequent to appointment -- Venue.
Status: in_force

(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, accounting, and other proceedings relating to the guardianship. (2) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed.
Utah Code § 75-3-404 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-404
§ 75-3-404. Formal testacy proceedings -- Written objections to probate.
Status: in_force

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.
Utah Code § 75-2-806 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-806
§ 75-2-806. Modification to achieve transferor's tax objectives.
Status: in_force

To achieve the transferor's tax objectives, the court may modify the terms of a governing instrument in a manner that is not contrary to the transferor's probable intention. The court may provide that the modification has retroactive effect.
Utah Code § 75-5-416 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-416
§ 75-5-416. Petitions for orders subsequent to appointment.
Status: in_force

(1) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: (a) requiring bond or security or additional bond or security, or reducing bond; (b) requiring an accounting for the administration of the conservatorship estate; (c) directing distribution; (d) removing the conservator and appointing a temporary or successor conservator; or (e) granting other appropriate relief, including any relief available under Title 75B, Chapter 2, Uniform Trust Code, if the protected person is a grantor, settlor, trustor, or beneficiary of a trust. (2) A conservator may petition the appointing court for instructions concerning the conservator's fiduciary responsibility. (3) Upon notice and hearing the court may give appropriate instructions or make any appropriate order.
Utah Code § 75-13-204 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-204
§ 75-13-204. Recognition of electronic non-testamentary estate planning document and electronic signature.
Status: in_force

(1) A non-testamentary estate planning document or a signature on a non-testamentary estate planning document may not be denied legal effect or enforceability solely because the non-testamentary estate planning document or a signature on a non-testamentary estate planning document is in electronic form. (2) If other law of this state requires a non-testamentary estate planning document to be in writing, an electronic record of the document satisfies this requirement. (3) If other law of this state requires a signature on a non-testamentary estate planning document, an electronic signature satisfies the requirement.
Utah Code § 75-6-408 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-408
§ 75-6-408. Capacity of transferor.
Status: in_force

The capacity required to make or revoke a transfer on death deed is the same as that required to make a will.
Utah Code § 75-2-710 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-710
§ 75-2-710. Worthier-title doctrine abolished.
Status: in_force

The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's "heirs," "heirs-at-law," "next-of-kin," "distributees," "relatives," or "family," or language of similar import, does not create or presumptively create a reversionary interest in the transferor.
Utah Code § 75-5b-502 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-502
§ 75-5b-502. Relation to electronic signatures in global and national commerce act.
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b), 15 U.S.C. Sec. 7003(b).
Utah Code § 75-5-301 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-301
§ 75-5-301. Appointment of guardian for incapacitated person.
Status: in_force

(1) The parent of an incapacitated person may by will, or by written instrument as provided in Section 75-5-202.5, appoint a guardian of the incapacitated person. A testamentary appointment by a parent becomes effective when, after having given seven days' prior written notice of his intention to do so to the incapacitated person and to the person having his care or with whom he resides or to at least one adult relative in the nearest degree of kinship to the incapacitated person in which there is an adult, the guardian files acceptance of appointment in the court in which the will is informally or formally probated, or where the written instrument is filed, if prior thereto both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority unless it is terminated by the denial of probate in formal proceedings. A provision contained in a person's will or written instrument appointing a guardian of his minor children is not to be considered to be an appointment of a guardian of an incapacitated adult child unless it appears from the will that this was the testator's intention. (2) The spouse of a married incapacitated person may by will or written instrument appoint a guardian of the incapacitated person. The appointment becomes effective when, after having given seven days' prior written notice of his intention to do so to the incapacitated person and to the person having his care or with whom he resides or to at least one adult relative in the nearest degree of kinship to the incapacitated person in which there is an adult, the guardian files acceptance of appointment in the court in which the will is informally or formally probated or the written instrument is filed. An effective appointment by a spouse has priority over an appointment by a parent unless it is terminated by the denial of probate in formal proceedings. (3) This state shall recognize a testamentary appointment effected by filing acceptance under a will probated at the testator's domicile in another state. (4) On the filing with the court in which the will was probated or the written instrument was filed, of written objection to the appointment by the person for whom a testamentary or instrumental appointment of guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the nominee named by will or written instrument or any other suitable person upon an adjudication of incapacity in proceedings under the succeeding sections of this part.
Utah Code § 75-13-210 — Utah Code / Title 75 / Chapter 75-13 / § 75-13-210
§ 75-13-210. Admissibility in evidence.
Status: in_force

Evidence relating to an electronic non-testamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because the non-testamentary estate planning document or electronic signature is in electronic form.
Utah Code § 75-6-417 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-417
§ 75-6-417. Optional form of revocation.
Status: in_force

(1) An individual may use the following form to create an instrument of revocation under this part:FULL REVOCATION OF TRANSFER ON DEATH DEEDNOTICE TO OWNERThis revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.IDENTIFYING INFORMATIONOwner or Owners Making This Deed:_____________________________________________________________Printed NameMailing Address_____________________________________________________________Printed NameMailing AddressLegal Description of Property (Pursuant to Utah Code Section 57-3-105):_________________________________________________________Tax Identification Number for Property:_________________________________________________________REVOCATIONI revoke all my previous transfers of this property by transfer on death deed.SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED_____________________________________________________________SignatureDate_______________________________Printed Name_____________________________________________________________SignatureDate_______________________________Printed NameACKNOWLEDGMENT(Attach an affidavit of acknowledgment pursuant to Utah Code Section 46-1-6.5 to the form.) (2) The other sections of this part govern the effect of the form described in Subsection (1) or any other instrument used to revoke a transfer on death deed.
Utah Code § 75-3-917 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-917
§ 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.
Status: in_force

(1) A will or trust of a decedent who dies after December 31, 2009 and before January 1, 2011, that contains a formula referring to the "unified credit," "estate tax exemption," "applicable exemption amount," "generation-skipping transfer tax exemption" or "GST exemption," or that measures a share of an estate or trust based on the amount that can pass free of federal estate or generation-skipping transfer taxes, or that is otherwise based on a similar provision of federal estate tax or generation-skipping transfer tax law, shall be considered to refer to the federal estate and generation-skipping transfer tax laws as they applied with respect to estates of decedents dying on December 31, 2009. (a) This provision may not apply with respect to a will or trust executed or amended after December 31, 2009, or that manifests an intent that a contrary rule shall apply if the decedent dies on a date on which there is no then-applicable federal estate or generation-skipping transfer tax. (b) The reference to January 1, 2011 in Subsection (1) shall, if the federal estate and generation-skipping transfer tax becomes effective before that date, refer instead to the first date on which the tax becomes legally effective. (2) A proceeding to determine whether the decedent intended that the references under Subsection (1) be construed with respect to the law as it existed after December 31, 2009, shall be filed within 12 months of the date of death of the testator or grantor. It may be filed by the personal representative or any affected beneficiary under the will or other instrument.
Utah Code § 75-5-612 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-612
§ 75-5-612. Removal or resignation of a guardian.
Status: in_force

(1) On a petition of resignation from a guardian of an individual with a severe intellectual disability, the court may: (a) accept the guardian's resignation; or (b) make any other order that is appropriate. (2) On a petition of removal of a guardian from the individual with a severe intellectual disability or any person interested in the individual's welfare, the court may remove a guardian if: (a) the guardian obtained the appointment by fraud, deceit, or gross misrepresentation; (b) the guardian fails to perform the guardian's duties or responsibilities described in: (i) Section 75-5-611 if the individual is in full guardianship; or (ii) Section 75-5-312 if the individual is in a limited guardianship; (c) the guardian is unable to perform the guardian's duties or responsibilities due to incapacity or illness; (d) the guardian fails to use reasonable care and diligence in the management of the individual's estate; (e) the individual is in a limited guardianship, the guardian is not permitted to restrict the individual's association, and the guardian is found by the court to have filed a petition frivolously or in bad faith under Section 75-5-312.5; (f) the guardian's interests have become adverse to the faithful performance of the guardian's duties and there is a risk that the guardian will fail to faithfully perform the guardian's duties; or (g) removal of the guardian would be in the best interest of the individual. (3) If the court removes a guardian under Subsection (2), the court may: (a) appoint a successor guardian; or (b) make any other order that is appropriate. (4) On a petition of resignation or removal of a guardian, the court shall follow the same procedures to safeguard the rights of the individual with a severe intellectual disability on a petition for appointment of a guardian under Sections 75-5-603, 75-5-604, 75-5-606, and 75-5-607. (5) The court is not required to appoint an attorney to represent the individual with a severe intellectual disability upon the removal or resignation of the individual's guardian if the case is uncontested and the individual's incapacity is not at issue.
Utah Code § 75-1-110 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-110
§ 75-1-110. Cost of living adjustment of certain dollar amounts.
Status: in_force

(1) In this section: (a) "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 successor or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index adopted by the Administrative Office of the Courts. (b) "Reference base index" means the CPI for calendar year 2009. (2) The dollar amounts stated in Subsection 75-2-202(2) and Sections 75-2-102, 75-2-402, 75-2-403, and 75-2-405 apply to the estate of a decedent who died in or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts shall be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If any increase or decrease produced by the computation is not a multiple of $100, the increase or decrease is rounded down, if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of Section 75-2-405, the periodic installment amount is the lump sum amount divided by 12. If the CPI for 2009 is changed by the Bureau of Labor Statistics, the reference base index shall be revised using the rebasing factor reported by the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported. (3) Before February 1, 2011, and before February 1 of each succeeding year, the Administrative Office of the Courts shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2011, of each dollar amount as increased or decreased under this section.
Utah Code § 75-5-103 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-103
§ 75-5-103. Delegation of powers by parent or guardian.
Status: in_force

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 care, custody, or property of the minor child or ward: (1) except the power to consent to: (a) marriage; or (b) adoption of a minor ward; and (2) subject to Section 53G-6-302, including making decisions related to schooling.
Utah Code § 75-5-603 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-603
§ 75-5-603. Rights of an individual with a severe intellectual disability.
Status: in_force

(1) An adult, who is allegedly incapacitated and for whom there is a signed letter or report from a physician or psychologist that indicates that the adult is an individual with a severe intellectual disability, has the right to: (a) except as provided in Section 75-5-606, be represented by counsel before a guardianship is imposed and have counsel represent the adult during the guardianship proceeding; (b) receive a copy of all documents filed in a guardianship proceeding; (c) have a relative, physician, psychologist, physician assistant, or any interested person speak about or raise any issue of concern on behalf of the adult during the guardianship proceeding; (d) receive information about guardianships from the court; and (e) be treated with respect and dignity. (2) Except as otherwise provided by this part, if a court orders a full guardianship for an adult and enters an order of appointment that specifies that the adult is an individual with a severe intellectual disability, the adult has the right to: (a) have a relative, physician, psychologist, physician assistant, or any interested person speak about or raise any issue of concern on behalf of the adult in any court hearing about the guardianship; (b) receive a copy of all documents filed in court regarding the guardianship; (c) receive information about guardianships from the court; (d) ask questions and express concerns or complaints about a guardian and the actions of a guardian to the court; (e) to the extent practicable, receive timely, effective, and appropriate health care and medical treatment that does not violate the adult's rights; (f) have all services provided by a guardian at a reasonable rate of compensation; (g) have a court review any request for payment by a guardian to avoid excessive or unnecessary fees or duplicative billing; and (h) receive prudent financial management of the adult's property, including Supplemental Security Income and Supplemental Security Disability Insurance. (3) If the court enters an order for a limited guardianship for an adult or fails to specify in the order of appointment as to whether the adult is an individual with a severe intellectual disability, the adult has the rights of an incapacitated person described in Section 75-5-301.5.
Utah Code § 75-3-712 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-712
§ 75-3-712. Sale, encumbrance or transaction involving conflict of interest -- Voidable -- Exceptions.
Status: in_force

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 transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate, except one who has consented after fair disclosure, unless: (1) The will or a contract entered into by the decedent expressly authorized the transaction; or (2) The transaction is approved by the court after notice to interested persons.
Utah Code § 75-5-310 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-310
§ 75-5-310. Emergency guardians.
Status: in_force

(1) If an incapacitated person has no guardian and an emergency exists or if an appointed guardian is not effectively performing the guardian's duties and the court further finds that the welfare of the incapacitated person requires immediate action, it may, without notice, appoint an emergency guardian for the person for a specified period not to exceed 30 days pending notice and hearing. (2) Upon request by an interested person after the appointment of an emergency guardian, the court shall hold a hearing within 14 days pursuant to Section 75-5-303.
Utah Code § 75-5-602 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-602
§ 75-5-602. Applicability of this part.
Status: in_force

(1) This part only applies to a guardianship for an adult for whom there is a signed letter or report from a physician or psychologist that indicates that the adult is an individual with a severe intellectual disability. (2) Except as provided in Subsection (4) or another provision of this part, the provisions of Part 3, Guardians of Incapacitated Persons, do not apply to the guardianship of an adult described in Subsection (1). (3) This part does not apply to a guardianship for an adult if the court finds that the adult is not an individual with a severe intellectual disability. (4) Part 3, Guardians of Incapacitated Persons, applies to a guardianship for an adult who is not an individual with a severe intellectual disability.
Utah Code § 75-3-1001 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1001
§ 75-3-1001. Formal proceedings terminating administration -- Testate or intestate -- Order of general protection.
Status: in_force

(1) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representative may petition at any time, and any other interested person may petition after one year from the appointment of the original personal representative except that no petition under this section may be entertained until the time for presenting claims which arose prior to the death of the decedent has expired. The petition may request the court to determine testacy, if not previously determined, to consider the final account or compel or approve an accounting and distribution, to construe any will or determine heirs, and to adjudicate the final settlement and distribution of the estate. After notice to all interested persons and hearing the court may enter an order or orders, on appropriate conditions, determining the persons entitled to distribution of the estate, and, as circumstances require, approving settlement and directing or approving distribution of the estate and discharging the personal representative from further claim or demand of any interested person. (2) If one or more heirs or devisees were omitted as parties in, or were not given notice of, a previous formal testacy proceeding, the court, on proper petition for an order of complete settlement of the estate under this section, and after notice to the omitted or unnotified persons and other interested parties determined to be interested on the assumption that the previous order concerning testacy is conclusive as to those given notice of the earlier proceeding, may determine testacy as it affects the omitted persons and confirm or alter the previous order of testacy as it affects all interested persons as appropriate in the light of the new proofs. In the absence of objection by an omitted or unnotified person, evidence received in the original testacy proceeding shall constitute prima facie proof of due execution of any will previously admitted to probate, or of the fact that the decedent left no valid will if the prior proceedings determined this fact.
Utah Code § 75-3-505 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-505
§ 75-3-505. Interim orders -- Distribution and closing orders.
Status: in_force

Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices, and contents of orders prescribed for proceedings under Section 75-3-1001. Interim orders approving or directing partial distributions or granting other relief may be issued by the court at any time during the pendency of a supervised administration on the application of the personal representative or any interested person.
Utah Code § 75-5b-401 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-401
§ 75-5b-401. Registration of guardianship orders.
Status: in_force

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing certified copies of the order and letters of office as a foreign judgment in a court in any appropriate county of this state.
Utah Code § 75-3-909 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-909
§ 75-3-909. Improper distribution -- Liability of distributee.
Status: in_force

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 to return the property improperly received and its income since distribution if he has the property. If he does not have the property, then he is liable to return the value as of the date of disposition of the property improperly received and its income and gain received by him.
Utah Code § 75-3-201 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-201
§ 75-3-201. Venue for first and subsequent estate proceedings -- Location of property.
Status: in_force

(1) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: (a) In the county where the decedent had his domicile at the time of his death. (b) If the decedent was not domiciled in this state, in any county where property of the decedent was located at the time of his death. (2) Venue for all subsequent proceedings involving administration and distribution of decedent's estates is in the place where the initial proceeding occurred, unless the initial proceeding has been transferred as provided in Subsection (3) of this section or in Section 75-1-303. (3) If the first proceeding was informal, on application of an interested person and after notice to the proponent in the first proceeding, the court, upon finding that venue is elsewhere, may transfer the proceeding and the file to the other court. (4) For the purpose of aiding determinations concerning location of assets which may be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by investment or commercial paper or other instrument in favor of a nondomiciliary, is located where the debtor resides, or if the debtor is a person other than an individual, at the place where it has its principal office. Commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.
Utah Code § 75-5-426 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-426
§ 75-5-426. Enlargement or limitation of powers of conservator.
Status: in_force

Subject to the restrictions of Subsection 75-5-408(1)(d), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on him by Sections 75-5-424 and 75-5-425, any power which the court itself could exercise under Subsections 75-5-408(1)(b) and 75-5-408(1)(c). The court may, at the time of appointment or later, limit the powers of a conservator otherwise conferred by Sections 75-5-424 and 75-5-425, or previously conferred by the court, and may at any time relieve him of any limitation. If the court limits any power conferred on the conservator by Section 75-5-424 or 75-5-425, the limitation shall be endorsed upon his letters of appointment.
Utah Code § 75-4-202 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-202
§ 75-4-202. Payment or delivery discharges.
Status: in_force

Payment or delivery made in good faith on the basis of the proof of authority and affidavit under Section 75-4-201 releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
Utah Code § 75-5-704 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-704
§ 75-5-704. Supported decision-making agreement.
Status: in_force

(1) Subject to Subsections (2) and (6), an individual may enter into a supported decision-making agreement at any time if: (a) the individual enters into the agreement voluntarily, without coercion or undue influence, and without being solicited to enter into the agreement; and (b) the individual understands the nature and effect of the agreement. (2) (a) If the individual seeking to enter into a supported decision-making agreement has a court-appointed guardian, court-appointed conservator, or qualifying person, the guardian, conservator, or qualifying person shall be given: (i) notice and an opportunity to participate in all discussions related to a proposed supported decision-making agreement; and (ii) 14 days to review a proposed supported decision-making agreement to determine whether the proposed agreement includes an area over which the guardian, conservator, or qualifying person has been granted legal decision-making authority. (b) If a guardian, conservator, or qualifying person determines, pursuant to Subsection (2)(a), that a proposed supported decision-making agreement includes an area over which the guardian, conservator, or qualifying person has been granted decision-making authority: (i) the supported decision-making agreement is not valid without the signature of the guardian, conservator, or qualifying person; and (ii) the proposed supported decision-making agreement shall describe how the guardian, conservator, or qualifying person will be provided timely notice of and an opportunity to participate in any discussion between parties to the supported decision-making agreement that relate to an area over which the guardian, conservator, or qualifying person has been granted legal decision-making authority. (c) If a guardian, conservator, or qualifying person described in Subsection (2)(a) determines that a proposed supported decision-making agreement includes an area over which the guardian, conservator, or other person has not been granted legal decision-making authority, nothing in this part shall be construed to: (i) require that the guardian, conservator, or qualifying person be excluded from any discussion relating to that area; or (ii) preclude the parties to the proposed supported decision-making agreement from giving the guardian, conservator, or qualifying person notice and an opportunity to participate in any discussion relating to that area. (3) A supported decision-making agreement shall: (a) be in writing; (b) state the date on which the agreement is effective; (c) designate at least one supporter; (d) describe: (i) how the principal uses supported decision-making to make decisions; (ii) the rights of the principal; (iii) the responsibilities of each supporter; (iv) the decision-making supports and accommodations the principal chooses to receive from each supporter; (v) the types of decisions, if any, with which a supporter is not authorized to assist the principal; (e) include the ink or electronic signature of: (i) the individual seeking to enter into the supported decision-making agreement; (ii) each supporter; (iii) a guardian, conservator, or qualifying person, if required under Subsection (2); and (iv) (A) two witnesses; or (B) a notary public; and (f) describe how any perceived or actual conflict of interest between a supporter and the principal will be mitigated. (4) (a) A supported decision-making agreement executed other than in this state is valid in this state if, when the supported decision-making agreement was executed, the execution complied with the law of the jurisdiction that determines the meaning and effect of the supported decision-making agreement. (b) The meaning and effect of a supported decision-making agreement is determined by the law of the jurisdiction indicated in the supported decision-making agreement and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the supported decision-making agreement was executed. (5) (a) A supported decision-making agreement may include a release or other document by which the principal authorizes a supporter to access the principal's confidential information, subject to the terms of the supported decision-making agreement described in Subsection (3) and the supporter's duties described in Section 75-5-705. (b) Before a covered entity may share a principal's protected health information with a supporter, the principal shall sign a HIPAA consent form authorizing release of the protected health information to the supporter. (c) Nothing in this part shall be construed to alter or preempt the requirements for protecting health information under HIPAA. (6) Each supporter shall include with the supporter's signature: (a) a description of the supporter's relationship to the principal; (b) a statement of the supporter's willingness to act as a supporter; (c) an acknowledgment of the supporter's duties; and (d) an attestation that the supporter: (i) agrees to honor the right of the principal to make decisions; (ii) will not make decisions for the principal, including health care decisions; and (iii) will respect and work to further the independence of the principal. (7) A supported decision-making agreement may do one or more of the following: (a) specify a time period for which the supported decision-making agreement is valid; (b) designate more than one supporter; (c) designate an alternate individual to act in the place of a supporter under circumstances specified in the supported decision-making agreement; or (d) authorize a supporter to share information with another supporter or other individual named in the supported decision-making agreement.
Utah Code § 75-3-1006 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-1006
§ 75-3-1006. Limitations on actions and proceedings against distributees.
Status: in_force

(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 distributee who is liable to pay the claim, and the right of any heir or devisee or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is barred at the later of: (a) as to a claim by a creditor of the decedent, one year after the decedent's death; and (b) as to any other claimant and any heir or devisee, at the later of: (i) three years after the decedent's death; or (ii) one year after the time of distribution thereof. (2) This section does not bar an action to recover property or value received as the result of fraud.
Utah Code § 75-3-702 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-702
§ 75-3-702. Priority among different letters.
Status: in_force

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 representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
Utah Code § 75-2-113 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-113
§ 75-2-113. Individuals related to decedent through two lines.
Status: in_force

An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share.
Utah Code § 75-1-303 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-303
§ 75-1-303. Venue -- Multiple proceedings -- Transfer -- Orders and hearings.
Status: in_force

(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) (a) If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of this state: (i) the court in which the proceeding was first commenced shall continue to hear the matter; and (ii) the other court shall hold the matter in abeyance until the question of venue is decided. (b) If the ruling court determines that venue is properly in another court, the ruling court shall transfer the proceeding to the other court. (3) If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court. (4) (a) The court in which any proceeding under this title is pending may make any order relating to the proceeding in chambers at any place in the court's district, and the order shall have the same force and effect as if made by the court sitting in the proper county. (b) The hearing of any matter requiring notice shall be had at the time and place appointed or at the time to which the same may be postponed, except that where there is no contest or where all the parties consent, the hearing may be had at any place within the judicial district in which the matter is pending.
Utah Code § 75-5-610 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-610
§ 75-5-610. Who may be a guardian -- Coguardians.
Status: in_force

(1) Unless the court finds there is good cause that the person should not serve as guardian, the court shall appoint a guardian for an individual with a severe intellectual disability in the following order of priority: (a) a parent of the individual with a severe intellectual disability; (b) an adult sibling of the individual with a severe intellectual disability; (c) a grandparent of the individual with a severe intellectual disability; (d) an adult relative of the individual with a severe intellectual disability if the individual has resided with the relative for more than 180 days before the day on which the petition was filed; (e) one of the closest adult relatives of the individual if any can be found; (f) a specialized care professional, so long as the specialized care professional does not: (i) profit financially or otherwise from or receive compensation for acting in that capacity, except for the direct costs of providing guardianship or conservatorship services; or (ii) otherwise have a conflict of interest in providing those services; (g) a competent person or suitable institution; or (h) the Office of Public Guardian described in Title 26B, Chapter 6, Part 3, Office of Public Guardian. (2) The court may appoint more than one person as guardian for the individual with a severe intellectual disability. (3) If the court appoints coguardians for an individual with a severe intellectual disability: (a) the coguardians shall share legal decision-making for the individual with a severe intellectual disability; and (b) each coguardian's rights and responsibilities are not superior to the other coguardian's rights and responsibilities unless the court designates that a coguardian's rights and responsibilities are superior.
Utah Code § 75-5b-206 — Utah Code / Title 75 / Chapter 75-5b / § 75-5b-206
§ 75-5b-206. Jurisdiction declined by reason of conduct.
Status: in_force

(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) decline to exercise jurisdiction; (b) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (c) continue to exercise jurisdiction after considering: (i) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (ii) whether it is a more appropriate forum than the court of any other state under the factors set forth in Subsection 75-5b-205(3); and (iii) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 75-5b-202. (2) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against the state or a governmental subdivision, agency, or instrumentality of the state unless authorized by law other than this chapter.
Utah Code § 75-2-804 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-804
§ 75-2-804. Definitions -- Revocation of probate and nonprobate transfers by divorce -- Effect of severance -- Revival -- Protection of payors, third parties, and bona fide purchasers -- Personal liability of recipient -- No revocation by other changes of circumstances.
Status: in_force

(1) As used in this section: (a) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (b) "Divorce or annulment" means any divorce or annulment, or any dissolution or declaration of invalidity of a marriage, that would exclude the spouse as a surviving spouse within the meaning of Section 75-2-802. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section. (c) "Divorced individual" includes an individual whose marriage has been annulled. (d) "Governing instrument" means a governing instrument executed by the divorced individual before the divorce or annulment of the individual's marriage to the individual's former spouse. (e) "Relative of the divorced individual's former spouse" means an individual who is related to the divorced individual's former spouse by blood, adoption, or affinity and who, after the divorce or annulment, is not related to the divorced individual by blood, adoption, or affinity. (f) "Revocable," with respect to a disposition, appointment, provision, or nomination, means one under which the divorced individual, at the time of the divorce or annulment, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the individual's former spouse or former spouse's relative, whether or not the divorced individual was then empowered to designate another in place of the individual's former spouse or in place of the individual's former spouse's relative and whether or not the divorced individual then had the capacity to exercise the power. (2) Except as provided by the express terms of a governing instrument, a court order, or a contract relating to the division of the marital estate made between the divorced individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a marriage: (a) revokes any revocable: (i) disposition or appointment of property made by a divorced individual to the individual's former spouse in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the divorced individual's former spouse; (ii) provision in a governing instrument conferring a general or nongeneral power of appointment on the divorced individual's former spouse or on a relative of the divorced individual's former spouse; and (iii) nomination in a governing instrument, which nominates a divorced individual's former spouse or a relative of the divorced individual's former spouse to serve in any fiduciary or representative capacity, including a personal representative, executor, trustee, conservator, agent, or guardian; and (b) severs the interests of the former spouses in property held by them at the time of the divorce or annulment as joint tenants with the right of survivorship, transforming the interests of the former spouses into tenancies in common. (3) A severance under Subsection (2)(b) does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the survivor of the former spouses unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property, which are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership. (4) Provisions of a governing instrument are given effect as if the former spouse and relatives of the former spouse disclaimed all provisions revoked by this section or, in the case of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and relatives of the former spouse died immediately before the divorce or annulment. (5) Provisions revoked solely by this section are revived by the divorced individual's remarriage to the former spouse or by a nullification of the divorce or annulment. (6) No change of circumstances other than as described in this section and in Sections 75-2-803 and 75-2-807 effects a revocation. (7) (a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a divorce, annulment, or remarriage, or for having taken any other action in good faith reliance on the validity of the governing instrument, before the payor or other third party received written notice of the divorce, annulment, or remarriage. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this section. (b) Written notice of the divorce, annulment, or remarriage under Subsection (7)(a) shall be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of the divorce, annulment, or remarriage, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to the decedent's estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement or transfer in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court. (8) (a) A person who purchases property from a former spouse, relative of a former spouse, or any other person for value and without notice, or who receives from a former spouse, relative of a former spouse, or any other person a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property, or benefit, nor is liable under this section for the amount of the payment or the value of the item of property or benefit. But a former spouse, relative of a former spouse, or other person who, not for value, received a payment, item of property, or any other benefit to which that person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this section. (b) If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a former spouse, relative of the former spouse, or any other person who, not for value, received a payment, item of property, or any other benefit to which that person is not entitled under this section is obligated to return that payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this section or part of this section not preempted.
Utah Code § 75-2-103 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-103
§ 75-2-103. Share of heirs other than surviving spouse.
Status: in_force

(1) Any part of the intestate estate not passing to a decedent's surviving spouse under Section 75-2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: (a) to the decedent's descendants per capita at each generation as defined in Subsection 75-2-106(2); (b) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent if only one survives; (c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation as defined in Subsection 75-2-106(3); (d) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents: (i) half to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent if only one survives, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection 75-2-106(3); and (ii) half to the decedent's maternal grandparents equally if both survive, to the surviving maternal grandparent if only one survives, or to the descendants of the decedent's maternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection 75-2-106(3); (e) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent's relatives on the side with one or more surviving members in the same manner as the half described in Subsection (1)(d); (f) if there is no taker under Subsection (1)(a), (b), (c), (d), or (e), but the decedent has: (i) one deceased spouse who has one or more descendants who survive the decedent, the estate or part of the estate passes to that spouse's descendants who survive the decedent, the descendants taking per capita at each generation as defined in Subsection 75-2-106(4); or (ii) more than one deceased spouse who has one or more descendants who survive the decedent, an equal share of the estate or part of the estate passes to each set of descendants, the descendants taking per capita at each generation as defined in Subsection 75-2-106(4). (2) For purposes of Subsections (1)(a), (b), (c), (d), (e), and (f) any nonprobate transfer, as defined in Section 75-2-205, received by an heir is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 to the heir in determining the heir's share.
Utah Code § 75-2-501 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-501
§ 75-2-501. Who may make will -- Testamentary capacity.
Status: in_force

(1) An individual may make a will if the individual: (a) is 18 years old or older; and (b) has testamentary capacity at the time that the will is executed. (2) A testator has testamentary capacity under Subsection (1)(b) if the testator: (a) can identify the testator's family members or other individuals in the testator's life; (b) understands the testator's relationship to the individuals described in Subsection (2)(a); (c) understands the nature and extent of the testator's property; and (d) can form a plan in the testator's mind for the disposition of the testator's property. (3) A testator is not required to have any knowledge or understanding of the laws of inheritance by intestate succession for the testator to have testamentary capacity under Subsection (2). (4) There is a rebuttable presumption that testamentary capacity exists at the time that a will was executed even if the testator is subject to a guardianship or conservatorship or is otherwise unable to independently manage the testator's affairs.
Utah Code § 75-3-613 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-613
§ 75-3-613. Successor personal representative.
Status: in_force

Part 3, Informal Probate and Appointment Proceedings, and Part 4, Formal Testacy and Appointment Proceedings, 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 proceedings to which the former personal representative was a party; and no notice, process, or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.
Utah Code § 75-3-503 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-503
§ 75-3-503. Effect on other proceedings.
Status: in_force

(1) The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. (2) If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised administration is as provided for formal testacy proceedings by Section 75-3-401. (3) After he has received notice of the filing of a petition for supervised administration, a personal representative who has been appointed previously shall not exercise his power to distribute any estate. The filing of the petition does not affect his other powers and duties unless the court restricts the exercise of any of them pending full hearing on the petition.
Utah Code § 75-2b-109 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-109
§ 75-2b-109. Acts of married persons.
Status: in_force

This chapter does not prevent married persons from severing or altering their interests in property to which this chapter applies.
Utah Code § 75-3-807 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-807
§ 75-3-807. Payment of claims.
Status: in_force

(1) Upon the expiration of the earliest of the time limitations provided in Section 75-3-803 for 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 provision for homestead, family, and support allowances, for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been allowed but not paid as provided in this section may secure an order directing the personal representative to pay the claim to the extent that funds of the estate are available for the payment. (2) The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by such payment if: (a) the payment was made before the expiration of the time limit stated in Subsection (1) and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or (b) the payment was made, due to the negligence or willful fault of the personal representative, in such manner as to deprive the injured claimant of his priority.
Utah Code § 75-4-203 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-203
§ 75-4-203. Resident creditor notice.
Status: in_force

Payment or delivery under Section 75-4-201 may 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 decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
Utah Code § 75-4-204 — Utah Code / Title 75 / Chapter 75-4 / § 75-4-204
§ 75-4-204. Proof of authority -- Bond.
Status: in_force

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, authenticated copies of his appointment and of any official bond he has given.
Utah Code § 75-5-414 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-414
§ 75-5-414. Compensation and expenses.
Status: in_force

If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate. If the court appoints the petitioner or the petitioner's nominee as conservator over the protected person, regardless of whether the nominee is specified in the moving petition or nominated during the proceedings, the petitioner is entitled to receive from the estate reasonable attorney fees and court costs incurred in bringing and defending the petition.
Utah Code § 75-2-702 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-702
§ 75-2-702. Requirement of survival by 120 hours -- Under probate code or governing instrument -- Co-owners -- Exceptions -- Protection of payors, third parties, and bona fide purchasers -- Personal liability of recipient.
Status: in_force

(1) Except as provided in Subsection (4), an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by 120 hours is considered to have predeceased the event. (2) Except as provided in Subsection (4), for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established by clear and convincing evidence to have survived the event by 120 hours is considered to have predeceased the event. (3) Except as provided in Subsection (4), if: (a) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by 120 hours, 1/2 of the property passes as if one had survived by 120 hours and 1/2 as if the other had survived by 120 hours; and (b) there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by 120 hours, the property passes in the proportion that one bears to the whole number of co-owners. For the purposes of this subsection, "co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles one or more to the whole of the property or account on the death of the other or others. (4) Survival by 120 hours is not required if: (a) the governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case; (b) the governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event by a specified period; but survival of the event or the specified period shall be established by clear and convincing evidence; (c) the imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to fail to qualify for validity under Section 75-2-1203 or to become invalid under Section 75-2-1203; but survival shall be established by clear and convincing evidence; or (d) the application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition; but survival shall be established by clear and convincing evidence. (5) (a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument who, under this section, is not entitled to the payment or item of property, or for having taken any other action in good faith reliance on the beneficiary's apparent entitlement under the terms of the governing instrument, before the payor or other third party received written notice of a claimed lack of entitlement under this section. A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed lack of entitlement under this section. (b) Written notice of a claimed lack of entitlement under Subsection (5)(a) shall be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed lack of entitlement under this section, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by it to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate, or if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to the decedent's estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this section, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court. (6) (a) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this section to return the payment, item of property, or benefit nor is liable under this section for the amount of the payment or the value of the item of property or benefit. But a person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this section. (b) If this section or any part of this section is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this section, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this section is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this section or part of this section not preempted.
Utah Code § 75-2b-111 — Utah Code / Title 75 / Chapter 75-2b / § 75-2b-111
§ 75-2b-111. Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
Utah Code § 75-2-807 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-807
§ 75-2-807. Effect of disqualifying felony offense on intestate succession, wills, trusts, joint assets, life insurance, beneficiary designations -- Forfeiture -- Revocation.
Status: in_force

(1) As used in this section: (a) "Abuser" means a person who is convicted of committing a disqualifying felony offense against a vulnerable adult. (b) "Dependent adult" means the same as that term is defined in Section 76-5-111. (c) "Disposition or apportionment of property" means a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. (d) "Disqualifying felony offense" means a felony offense against a vulnerable adult that meets the elements of: (i) felony financial exploitation of a vulnerable adult, as described in Section 76-5-111.4; (ii) felony aggravated abuse of a vulnerable adult, as described in Section 76-5-111.2; (iii) felony abuse of a vulnerable adult based on isolation, as described in Subsection 76-5-111(3); or (iv) any felony offense in another state, territory, or district of the United States that, if committed in Utah, would constitute a felony offense described in this Subsection (1)(d). (e) "Elder adult" means the same as that term is defined in Section 76-5-111. (f) "Governing instrument" means a governing instrument executed by a vulnerable adult. (g) "Vulnerable adult" means the same as that term is defined in Section 76-5-111. (2) (a) An abuser who is convicted of a disqualifying felony offense against a vulnerable adult forfeits any benefit under this chapter with respect to the vulnerable adult's estate: (i) that the vulnerable adult made to the abuser in a governing instrument; or (ii) according to intestate succession, as described in Title 75, Chapter 2, Intestate Succession and Wills. (b) The abuser described in Subsection (2)(a): (i) may not inherit, take, enjoy, receive, or otherwise benefit from the estate of the vulnerable adult described in Subsection (2)(a), including by any: (A) intestate share; (B) elective share; (C) omitted spouse's or child's share; (D) homestead allowance; (E) exempt property; (F) family allowance; (G) banknote or other form of physical currency; (H) deposit account; (I) interest-bearing account; (J) contents of a safe deposit box; (K) investment; (L) retirement benefit or account; (M) pension; (N) annuity; or (O) insurance proceed; and (ii) is considered to have predeceased the vulnerable adult with respect to any intestate property or governing instrument belonging to the vulnerable adult. (3) Conviction of a disqualifying felony offense against a vulnerable adult: (a) revokes any revocable: (i) disposition or apportionment of property that the vulnerable adult made to the abuser in a governing instrument; (ii) provision in a governing instrument conferring a general or nongeneral power of appointment on the abuser; and (iii) nomination of the abuser in a governing instrument nominating or appointing the abuser to serve in any fiduciary or representative capacity, including a personal representative, representative payee, executor, trustee, or agent; and (b) (i) severs any interest in property held by the abuser and the vulnerable adult as joint tenants with the right of survivorship; and (ii) transforms the interests described in Subsection (3)(b)(i) to a tenancy in common. (4) A wrongful acquisition of property or interest by an abuser under circumstances not covered by this section shall be treated in accordance with the principle that one cannot profit from one's own wrongdoing. (5) Revocation by the court of an abuser's interest in the property of the vulnerable adult and of an abuser's powers and appointments in the estate of the vulnerable adult as established by any governing instrument is final. (6) Conviction of a disqualifying felony offense against a vulnerable adult: (a) prevents any revocable interest or share an abuser has or may have in the estate of the vulnerable adult, under Subsection (2), from vesting into a right of property upon the death of the vulnerable adult; and (b) is the triggering event for action under this section. (7) As a consequence of bringing an action under this section, a court may not reduce or eliminate the rights, interest, or share in the estate of a vulnerable adult belonging to any interested person who: (a) petitions the court under this section; and (b) retains a property or other interest in the estate of a vulnerable adult, either as an heir, devisee, legatee, beneficiary, survivor, appointee, or claimant, notwithstanding any no-contest provision which appears in any governing instrument of the vulnerable adult. (8) (a) A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument that a disqualifying felony offense affects, or for having taken any other action in good faith reliance on the validity of the governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice of a claimed forfeiture or revocation under this section. (b) A payor or other third party is liable for a payment made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this section. (c) (i) An individual seeking enforcement of this section shall mail a written notice of a claimed forfeiture or revocation to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. (ii) Upon receipt of a written notice of a claimed forfeiture or revocation described in Subsection (8)(c)(i), a payor or other third party may pay any amount owed or transfer or deposit any item of property the payor or third party holds to or with: (A) the court having jurisdiction of the probate proceedings relating to the vulnerable adult's estate; or (B) if the individual who gave notice has not brought an action under this section, to or with the court having jurisdiction of probate proceedings relating to the decedent's estate located in the county of the decedent's residence. (d) A court described in Subsection (8)(c)(ii) shall: (i) hold the funds or item of property; and (ii) upon the court's determination under this section, order disbursement in accordance with the determination. (e) A payor's or third party's payment, transfer, or deposit made to or with the court discharges the payor or third party from all claims for the value of the paid amounts or transferred or deposited items of property. (9) (a) A person who purchases property for value and without notice, or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation: (i) may retain the payment, item of property, or benefit; and (ii) is not liable under this section for the amount of the payment or the value of the item of property or benefit. (b) A person who, not for value, receives a payment, item of property, or any other benefit to which the person is not entitled under this section: (i) shall return the payment, item of property, or benefit to the person who is entitled to the payment or the item of property or benefit under this section; or (ii) is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to the payment or the item of property or benefit under this section. (c) If this section, or any part of this section, is preempted by federal law with respect to a payment, an item of property, or any other benefit that this section addresses, a person who, not for value, receives the payment, item of property, or any other benefit to which the person is not entitled under this section: (i) shall return the payment, item of property, or benefit to the person who would have been entitled to the payment or the item of property or benefit if this section or the relevant part of this section was not preempted; or (ii) is personally liable for the amount of the payment, or the value of the item of property or benefit, to the person who would have been entitled to the payment or the item of property or benefit if this section or the relevant part of this section was not preempted. (10) Notwithstanding Subsections (2) through (6), and notwithstanding an abuser's conviction for a disqualifying felony offense, the abuser may inherit, take, enjoy, receive, or otherwise benefit from the estate of the vulnerable adult if: (a) (i) after the abuser's conviction, the vulnerable adult executes a new governing instrument or amends or affirms an existing governing instrument under which the abuser receives a benefit; and (ii) the vulnerable adult is not incapacitated, as that term is defined in Section 75-1-201, at the time the vulnerable adult makes the execution, amendment, or affirmation described in Subsection (10)(a)(i); or (b) the court reviewing a petition under this section determines that a manifest injustice would result if the abuser is disinherited by operation of this section. (11) This section: (a) does not operate retrospectively; (b) except as provided in Subsection (11)(c), does not apply to a disqualifying felony offense that occurred prior to May 5, 2021; and (c) applies to a disqualifying felony offense described in Subsection (10)(b) if any portion of the offense persists after May 5, 2021.
Utah Code § 75-6-413 — Utah Code / Title 75 / Chapter 75-6 / § 75-6-413
§ 75-6-413. Effect of transfer on death deed at transferor's death.
Status: in_force

(1) Except as otherwise provided in the transfer on death deed, Sections 75-2-205, 75-2-702, 75-2-803, 75-2-804, and 75-2-807, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death. (a) Subject to Subsection (1)(b), the interests in the property are transferred to the designated beneficiaries in accordance with the deed. (b) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. Notwithstanding Section 75-2-706, the interest of a designated beneficiary that fails to survive the transferor lapses. (c) Subject to Subsection (1)(d), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship, unless otherwise specified in the transfer on death deed. (d) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one that lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently. (2) Subject to Title 57, Chapter 3, Recording of Documents, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this Subsection (2) and Title 57, Chapter 3, Recording of Documents, the recording of the transfer on death deed is considered to have occurred at the transferor's death. (3) If a transferor is a joint owner and is: (a) survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or (b) the last surviving joint owner, the transfer on death deed is effective. (4) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision. (5) Following the death of the transferor, an affidavit in substantially the form found in Section 57-1-5.1 shall be recorded in the office of the recorder of the county in which the affected property is located. Each affidavit shall: (a) contain a legal description of the real property that is affected; (b) reference the entry number and the book and page of the previously recorded transfer on death deed; and (c) have attached as an exhibit, a copy of the death certificate or other document issued by a governmental agency as described in Section 75-1-107 certifying the transferor's death.
Utah Code § 75-2-506 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-506
§ 75-2-506. Choice of law as to execution.
Status: in_force

A written will is valid if executed in compliance with Section 75-2-502 or 75-2-503 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.
Utah Code § 75-5-433 — Utah Code / Title 75 / Chapter 75-5 / § 75-5-433
§ 75-5-433. Embezzlement of protected person's estate -- Citation to person suspected.
Status: in_force

Upon petition made by any interested person against anyone suspected of having concealed, embezzled, or conveyed away any of the money, goods or effects, or an instrument in writing, belonging to the protected person, ward, or to his estate, the court may cite the suspected person to appear before it and may examine and proceed with him on the charge; and if on such examination it appears that he has wrongful possession of any such property, the court may order the delivery of the same to the conservator or guardian.
Utah Code § 75-2-509 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-509
§ 75-2-509. Revival of revoked will.
Status: in_force

(1) If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under Subsection 75-2-507(1)(b), the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator intended the previous will to take effect as executed. (2) If a subsequent will that partly revoked a previous will is thereafter revoked by a revocatory act under Subsection 75-2-507(1)(b), a revoked part of the previous will is revived unless it is evident from the circumstances of the revocation of the subsequent will or from the testator's contemporary or subsequent declarations that the testator did not intend the revoked part to take effect as executed. (3) If a subsequent will that revoked a previous will in whole or in part is thereafter revoked by another later will, the previous will remains revoked in whole or in part, unless it or its revoked part is revived. The previous will or its revoked part is revived to the extent it appears from the terms of the later will that the testator intended the previous will to take effect.
Utah Code § 75-3-305 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-305
§ 75-3-305. Informal probate -- Registrar not satisfied.
Status: in_force

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 Sections 75-3-303 and 75-3-304 or any other reason, he may decline the application. A declination of informal probate is not an adjudication and does not preclude formal probate proceedings.
Utah Code § 75-3-812 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-812
§ 75-3-812. Execution and levies prohibited.
Status: in_force

(1) Except as provided in Subsection (2), 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) This section does not prevent: (a) the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding; or (b) the collection of a criminal account receivable, civil judgment of restitution, or civil account receivable, as those terms are defined in Section 77-32b-102.
Utah Code § 75-1-111 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-111
§ 75-1-111. Time of taking effect -- Provisions for transition.
Status: in_force

(1) This title takes effect on July 1, 1977. (2) Except as otherwise provided by this title: (a) this title applies to any wills of decedents dying on or after July 1, 1977; (b) the title applies to any proceedings in court that are pending or commenced on or after July 1, 1977, regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this title; (c) every personal representative including a person administering an estate of a minor or incompetent holding an appointment on July 1, 1977, continues to hold the appointment but has only the powers conferred by this title and is subject to the duties imposed with respect to any act occurring or done on or after July 1, 1977; (d) (i) an act done before July 1, 1977, in any proceeding and any accrued right is not impaired by this title; and (ii) if a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1977, the provisions shall remain in force with respect to that right; and (e) any rule of construction or presumption provided in this title applies to instruments executed and multiple-party accounts opened before July 1, 1977, unless there is a clear indication of a contrary intent.
Utah Code § 75-3-716 — Utah Code / Title 75 / Chapter 75-3 / § 75-3-716
§ 75-3-716. Co-representatives -- When joint action required.
Status: in_force

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 restriction does not apply when any co-representative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a co-representative has been delegated to act for the others. Persons dealing with a co-representative if actually unaware that another has been appointed to serve with him or if advised by the personal representative with whom they deal that he has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
Utah Code § 75-2-302 — Utah Code / Title 75 / Chapter 75-2 / § 75-2-302
§ 75-2-302. Omitted children.
Status: in_force

(1) Except as provided in Subsection (2), if a testator fails to provide in his will for any of his children born or adopted after the execution of the will, the omitted after-born or after-adopted child receives a share in the estate as follows: (a) If the testator had no child living when he executed the will, an omitted after-born or after-adopted child receives a share in the estate equal in value to that which the child would have received had the testator died intestate, unless the will devised all or substantially all of the estate to the other parent of the omitted child and that other parent survives the testator and is entitled to take under the will. (b) If the testator had one or more children living when he executed the will, and the will devised property or an interest in property to one or more of the then-living children, an omitted after-born or after-adopted child is entitled to share in the testator's estate as follows: (i) The portion of the testator's estate in which the omitted after-born or after-adopted child is entitled to share is limited to devises made to the testator's then-living children under the will. (ii) The omitted after-born or after-adopted child is entitled to receive the share of the testator's estate, as limited in Subsection (1)(b)(i), that the child would have received had the testator included all omitted after-born and after-adopted children with the children to whom devises were made under the will and had given an equal share of the estate to each child. (iii) To the extent feasible, the interest granted an omitted after-born or after-adopted child under this section shall be of the same character, whether equitable or legal, present or future, as that devised to the testator's then-living children under the will. (iv) In satisfying a share provided by this section, devises to the testator's children who were living when the will was executed abate ratably. In abating the devises of the then-living children, the court shall preserve to the maximum extent possible the character of the testamentary plan adopted by the testator. (2) Neither Subsection (1)(a) nor Subsection (1)(b) applies if: (a) it appears from the will that the omission was intentional; or (b) the testator provided for the omitted after-born or after-adopted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or is reasonably inferred from the amount of the transfer or other evidence. (3) If at the time of execution of the will the testator fails to provide in his will for a living child solely because he believes the child to be dead, the child is entitled to share in the estate as if the child were an omitted after-born or after-adopted child. (4) In satisfying a share provided by Subsection (1)(a), devises made by the will abate under Section 75-3-902.
Utah Code § 75-1-401 — Utah Code / Title 75 / Chapter 75-1 / § 75-1-401
§ 75-1-401. Notice -- Method and time of giving.
Status: in_force

(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 interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the person's attorney. Notice shall be given by the clerk posting a copy of the notice for the 10 consecutive days immediately preceding the time set for the hearing in at least three public places in the county, one of which must be at the courthouse of the county and: (a) (i) by the clerk mailing a copy thereof at least 10 days before the time set for the hearing by certified, registered, or ordinary first class mail addressed to the person being notified at the post-office address given in the demand for notice, if any, or at the person's office or place of residence, if known; or (ii) by delivering a copy thereof to the person being notified personally at least 10 days before the time set for the hearing; and (b) if the address, or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing for the county where the hearing is to be held, as a class A notice under Section 63G-30-102, for at least 10 days before the day of the hearing. (2) The court for good cause shown may provide for a different method or time of giving notice for any hearing. (3) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.