reglab/housing_qa huggingface dataset:
UT Code § 75-3-104 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 104 - Claims against decedent -- Necessity of administration.

75-3-104. Claims against decedent -- Necessity of administration.  No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by this Chapter 3, Probate of Wills and Administration. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in Section 75-3-1004 or from a former personal representative individually liable as provided in Section 75-3-1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-104.5 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 104.5 - Notice to the Office of Recovery Services.

 Effective 5/12/2020  75-3-104.5. Notice to the Office of Recovery Services.  Within 30 days after the day on which a person files an application or a petition for probate under this chapter for a decedent who was at least 55 years old, the court shall provide notice of the application or petition to the Office of Recovery Services created in Section 62A-1-105 for purposes of presentation or enforcement of a lien or claim under Section 26-19-405. Amended by Chapter 205, 2020 General Session
UT Code § 75-3-105 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 105 - Proceedings affecting devolution and administration -- Jurisdiction of subject matter.

75-3-105. Proceedings affecting devolution and administration -- Jurisdiction of subject matter.    (1) Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter and may petition the court for orders in formal proceedings within the court's jurisdiction, including, but not limited to those described in this chapter. The court may hear and determine formal proceedings involving administration and distribution of decedents' estates after notice to interested persons in conformity with Section 75-1-401. Persons notified are bound though less than all interested persons may have been given notice.     (2) For purposes of this code, formal proceedings involving administration and distribution of decedent's estates shall include proceedings to determine the heirs of a decedent and proceedings to construe a duly probated will of a decedent, whether or not the estate of the decedent is being, or previously has been, administered or distributed.    Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-106 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 106 - Scope of proceedings -- Proceedings independent -- Exception.

75-3-106. Scope of proceedings -- Proceedings independent -- Exception.    (1) Unless supervised administration as described in Part 5, Supervised Administration, is involved:   (a) Each proceeding before the court or registrar is independent of any other proceeding involving the same estate.     (b) Petitions for formal orders of the court may combine various requests for relief in a single proceeding if the orders sought may be finally granted without delay. Except as required for proceedings which are particularly described by other sections of this chapter, no petition is defective because it fails to embrace all matters which might then be the subject of a final order.     (c) Proceedings for probate of wills or adjudications of no will may be combined with proceedings for appointment of personal representatives.     (d) A proceeding for appointment of a personal representative is concluded by an order making or declining the appointment.      Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-107 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 107 - Probate and testacy proceedings -- Ultimate time limit -- Presumption and order of intestacy.

 Effective 5/8/2018  75-3-107. Probate and testacy proceedings -- Ultimate time limit -- Presumption and order of intestacy.    (1) An informal probate proceeding or formal testacy proceeding, other than a proceeding to probate a will previously probated at the testator's domicile, may not be commenced 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.        Amended by Chapter 244, 2018 General Session
UT Code § 75-3-108 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 108 - Statutes of limitation on decedent's cause of action.

75-3-108. Statutes of limitation on decedent's cause of action.  No statute of limitation running on a cause of action belonging to a decedent which had not been barred as of the date of his death shall apply to bar a cause of action surviving the decedent's death sooner than 12 months after death. A cause of action which, but for this section, would have been barred less than 12 months after death, is barred after 12 months unless tolled.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-109 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 1 - General Provisions|Section 109 - Letters upon several estates jointly.

 Effective 5/9/2017  75-3-109. Letters upon several estates jointly.    (1) Upon application or petition by any person interested in two or more estates, the registrar may, in an informal proceeding without a hearing, or the court may, in a formal proceeding after notice and hearing, grant letters upon 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.    Amended by Chapter 403, 2017 General Session
UT Code § 75-3-201 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 2 - Venue for Probate and Administration - Priority to Administer - Demand for Notice|Section 201 - Venue for first and subsequent estate proceedings -- Location of property.

75-3-201. Venue for first and subsequent estate proceedings -- Location of property.    (1) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is:   (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.    Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-202 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 2 - Venue for Probate and Administration - Priority to Administer - Demand for Notice|Section 202 - Appointment or testacy proceedings -- Conflicting claim of domicile in another state.

75-3-202. Appointment or testacy proceedings -- Conflicting claim of domicile in another state.  If conflicting claims as to the domicile of a decedent are made in a formal testacy or appointment proceeding commenced in this state, and in a testacy or appointment proceeding after notice pending at the same time in another state, the court of this state must stay, dismiss, or permit suitable amendment in, the proceeding here unless it is determined that the local proceeding was commenced before the proceeding elsewhere. The determination of domicile in the proceeding first commenced must be accepted as determinative in the formal testacy or appointment proceeding in this state.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-204 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 2 - Venue for Probate and Administration - Priority to Administer - Demand for Notice|Section 204 - Demand for notice of order or filing concerning decedent's estate.

75-3-204. Demand for notice of order or filing concerning decedent's estate.  Any interested person desiring notice of any order or filing pertaining to a decedent's estate may file a demand for notice with the court at any time after the death of the decedent stating the name of 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.  Amended by Chapter 226, 1983 General Session
UT Code § 75-3-302 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|Section 302 - Informal probate -- Duty of registrar -- Effect of informal probate.

75-3-302. Informal probate -- Duty of registrar -- Effect of informal probate.  After receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by Section 75-3-303 shall issue a written statement of informal probate if at least 10 days have elapsed since the date of the notice required by Section 75-3-306, or if at least 120 hours have elapsed since the decedent's death and all persons entitled to notice under Section 75-3-306 have waived such notice in writing. Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. No defect in the application or procedure relating thereto which leads to informal probate of a will renders the probate void.  Amended by Chapter 194, 1977 General Session
UT Code § 75-3-303 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|Section 303 - Informal probate -- Proof and findings required.

75-3-303. Informal probate -- Proof and findings required.    (1) In an informal proceeding for original probate of a will, the registrar shall determine whether:   (a) the application 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 as defined in Subsection 75-1-201(24);     (d) on the basis of the statements in the application, venue is proper;     (e) an original, duly executed and apparently unrevoked will was presented to the court for electronic storage and electronic filing and is now in the possession of the applicant or the applicant's attorney, or is in the registrar's possession;     (f) any notice required by Section 75-3-204 has been given and that the application is not within Section 75-3-304; and     (g) it appears from the application that the time limit for original probate has not expired.       (2) The application shall be denied if it indicates that a personal representative has been appointed in another county of this state or except as provided in Subsection (4), if it appears that this or another will of the decedent has been the subject of a previous probate order.     (3) A will which appears to have the required signatures and which contains an attestation clause showing that requirements of execution under Section 75-2-502, 75-2-503, or 75-2-506 have been met shall be probated without further proof. In other cases, the registrar may assume execution if the will appears to have been properly executed, or he may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.     (4) Informal probate of a will which has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.     (5) A will from a place which does not provide for probate of a will after death and which is not eligible for probate under Subsection (1) above may be probated in this state upon receipt by the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.    Amended by Chapter 364, 2013 General Session
UT Code § 75-3-304 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|Section 304 - Informal probate -- Unavailable in certain cases.

75-3-304. Informal probate -- Unavailable in certain cases.  Applications for informal probate which relate to one or more of a known series of testamentary instruments (other than wills and codicils), the latest of which does not expressly revoke the earlier, shall be declined.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-305 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|Section 305 - Informal probate -- Registrar not satisfied.

75-3-305. Informal probate -- Registrar not satisfied.  If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of 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.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-3-306 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|Section 306 - Informal probate -- Notice requirements.

75-3-306. Informal probate -- Notice requirements.    (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.    Amended by Chapter 194, 1977 General Session
UT Code § 75-3-307 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|Section 307 - Informal appointment proceedings -- Delay in order -- Duty of registrar -- Effect of appointment.

75-3-307. Informal appointment proceedings -- Delay in order -- Duty of registrar -- Effect of appointment.    (1) After receipt of an application for informal appointment of a personal representative other than a special administrator as provided in Section 75-3-614, the registrar, after making the findings required by Section 75-3-308, shall appoint the applicant subject to qualification and acceptance, if at least 10 days have elapsed since the date of the notice required by Section 75-3-310, or if at least 120 hours have elapsed since the decedent's death and all persons entitled to notice under Section 75-3-310 have waived this notice in writing; but if the decedent was a nonresident, the registrar shall delay the order of appointment until 30 days have elapsed since death unless the personal representative appointed at the decedent's domicile is the applicant, or unless the decedent's will directs that his estate be subject to the laws of this state.     (2) The status of personal representative and the powers and duties pertaining to the office are fully established by informal appointment. An appointment, and the office of personal representative created by it, is subject to termination as provided in Sections 75-3-608 through 75-3-612, but is not subject to retroactive vacation.    Amended by Chapter 194, 1977 General Session
UT Code § 75-3-308 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|Section 308 - Informal appointment proceedings -- Proof and findings required.

75-3-308. Informal appointment proceedings -- Proof and findings required.    (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 as defined in Subsection 75-1-201(24);     (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.    Amended by Chapter 39, 1998 General Session
UT Code § 75-3-309 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 3 - Probate of Wills and Administration|Part 3 - Informal Probate and Appointment Proceedings|Section 309 - Informal appointment proceedings -- Registrar not satisfied.

75-3-309. Informal appointment proceedings -- Registrar not satisfied.  If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of Sections 75-3-307 and 75-3-308, or for any other reason, he may decline the application. A declination of informal appointment is not an adjudication and does not preclude appointment in formal proceedings.  Enacted by Chapter 150, 1975 General Session