reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 3 - Informal Probate and Appointment Proceedings › Section 310 - Informal appointment proceedings -- Notice requirements.

75-3-310.
Informal appointment proceedings -- Notice requirements.
(1) The moving party must give notice as described by Section 75-1-401 of his intention to seek an appointment informally:
(a) To any person demanding it pursuant to Section 75-3-204.
(b) To any person having a prior or equal right to appointment not waived in writing and filed with the court.
(2) Upon receipt of an application for an informal appointment 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 person whose appointment is sought, 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 appointment will be made 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 appointment within the prescribed period of time shall not affect his right to petition the court to set the appointment aside under Section 75-3-414.
Amended by Chapter 194, 1977 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 3 - Informal Probate and Appointment Proceedings › Section 311 - Informal appointment unavailable in certain cases.

75-3-311.
Informal appointment unavailable in certain cases.
If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the registrar shall decline the application.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 401 - Formal testacy proceedings -- Nature -- When commenced.

75-3-401.
Formal testacy proceedings -- Nature -- When commenced.
(1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in Subsection 75-3-402(1) in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with Subsection 75-3-402(3) for an order that the decedent died intestate.
(2) A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.
(3) During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.
(4) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.
Amended by Chapter 194, 1977 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 402 - Formal testacy or appointment proceedings -- Petition -- Contents.

Effective 5/9/2017
75-3-402.
Formal testacy or appointment proceedings -- Petition -- Contents.
(1) Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, shall be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this section. A petition for formal probate of a will:
(a) requests an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs;
(b) contains the statements required for informal applications as stated in Subsection 75-3-301(2) and the statements required by Subsections 75-3-301(3)(b) and (c), and, if the petition requests appointment of a personal representative, the statements required by Subsection 75-3-301(4); and
(c) states whether the original of the last will of the decedent is in the possession of the court, accompanies the petition, or was presented to the court for electronic storage or electronic filing and is in the possession of the petitioner or the petitioner's attorney.
(2) If the original will is not in the possession of the court, has not been presented to the court for electronic storage or electronic filing, does not accompany the petition, and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also shall state the contents of the will and indicate that it is lost, destroyed, or otherwise unavailable.
(3) A petition for adjudication of intestacy and appointment of an administrator in intestacy shall request a judicial finding and order that the decedent left no will and, determining the heirs, contain the statements required by Subsections 75-3-301(2) and 75-3-301(5) and indicate whether supervised administration is sought. A petition may request an order determining intestacy and heirs without requesting the appointment of an administrator, in which case, the statements required by Subsection 75-3-301(5)(b) may be omitted.
Amended by Chapter 403, 2017 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 403 - Formal testacy proceeding -- Notice of hearing on petition.

75-3-403.
Formal testacy proceeding -- Notice of hearing on petition.
(1) Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by 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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 404 - Formal testacy proceedings -- Written objections to probate.

75-3-404.
Formal testacy proceedings -- Written objections to probate.
Any party to a formal proceeding who opposes the probate of a will for any reason shall state in his pleadings his objections to probate of the will.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 405 - Formal testacy proceedings -- Uncontested cases -- Hearings and proof.

75-3-405.
Formal testacy proceedings -- Uncontested cases -- Hearings and proof.
If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy on the strength of the pleadings if satisfied that the conditions of 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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 406 - Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses.

75-3-406.
Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses.
(1) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent, and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.
(2) If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 407 - Formal testacy proceedings -- Burdens in contested cases.

75-3-407.
Formal testacy proceedings -- Burdens in contested cases.
(1) In contested cases, petitioners who seek to establish intestacy have the burden of establishing prima facie proof of death, venue, and heirship. Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Except in cases where a presumption is operable, parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof. Where one or more presumptions are operable, the ultimate burden of persuasion shall be determined in accordance with the Utah Rules of Evidence.
(2) If a will is opposed by the petition for probate of a later will revoking the former, it shall be determined first whether the later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy, it shall be determined first whether the will is entitled to probate.
Amended by Chapter 179, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 408 - Formal testacy proceedings -- Will construction -- Effect of final order in another jurisdiction.

75-3-408.
Formal testacy proceedings -- Will construction -- Effect of final order in another jurisdiction.
A final order of a court of another state determining testacy, the validity, or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, or is based upon, a finding that the decedent was domiciled at his death in the state where the order was made.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 409 - Formal testacy proceedings -- Order -- Foreign will.

75-3-409.
Formal testacy proceedings -- Order -- Foreign will.
After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper and that the proceeding was 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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 410 - Formal testacy proceedings -- Probate of more than one instrument.

75-3-410.
Formal testacy proceedings -- Probate of more than one instrument.
If two or more instruments are offered for probate before a final order is entered in a formal testacy proceeding, more than one instrument may be probated if neither expressly revokes the other or contains provisions which work a total revocation by implication. If more than one instrument is probated, the order shall indicate what provisions control in respect to the nomination of an executor, if any. The order may, but need not, indicate how any provisions of a particular instrument are affected by the other instrument. After a final order in a testacy proceeding has been entered, no petition for probate of any other instrument of the decedent may be entertained, except incident to a petition to vacate or modify a previous probate order and subject to the time limits of Section 75-3-412.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 411 - Formal testacy proceedings -- Partial intestacy.

75-3-411.
Formal testacy proceedings -- Partial intestacy.
If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 413 - Formal testacy proceedings -- Vacation of order for other cause.

75-3-413.
Formal testacy proceedings -- Vacation of order for other cause.
For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 4 - Formal Testacy and Appointment Proceedings › Section 414 - Formal proceedings concerning appointment of personal representative.

75-3-414.
Formal proceedings concerning appointment of personal representative.
(1) A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy of the decedent is or may be involved, is governed by Section 75-3-402, as well as by this section. In other cases, the petition shall contain or adopt the statements required by Subsection 75-3-301(2) and describe the question relating to priority or qualification of the personal representative which is to be resolved. If the proceeding precedes any appointment of a personal representative, it shall stay any pending informal appointment proceedings as well as any commenced thereafter. If the proceeding is commenced after appointment, the previously appointed personal representative, after receipt of notice thereof, shall refrain from exercising any power of administration except as necessary to preserve the estate or unless the court orders otherwise.
(2) After notice to interested persons, including all persons interested in the administration of the estate as successors under the applicable assumption concerning testacy, any previously appointed personal representative and any person having or claiming priority for appointment as personal representative, the court shall determine who is entitled to appointment under Section 75-3-203, make a proper appointment and, if appropriate, terminate any prior appointment found to have been improper as provided in cases of removal under Section 75-3-611.
Amended by Chapter 194, 1977 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 5 - Supervised Administration › Section 501 - Nature of proceeding.

75-3-501.
Nature of proceeding.
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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 5 - Supervised Administration › Section 502 - Petition -- Order.

75-3-502.
Petition -- Order.
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.
Amended by Chapter 30, 1992 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 5 - Supervised Administration › Section 503 - Effect on other proceedings.

75-3-503.
Effect on other proceedings.
(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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 5 - Supervised Administration › Section 504 - Powers of personal representative.

75-3-504.
Powers of personal representative.
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 code, but he shall not exercise his power to make any distribution of the estate without prior order of the court. 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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 5 - Supervised Administration › Section 505 - Interim orders -- Distribution and closing orders.

75-3-505.
Interim orders -- Distribution and closing orders.
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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 601 - Qualification.

75-3-601.
Qualification.
Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 602 - Acceptance of appointment -- Consent to jurisdiction.

75-3-602.
Acceptance of appointment -- Consent to jurisdiction.
By accepting appointment, a personal representative 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 personal representative, or mailed to him by ordinary first-class mail at his address as listed in the application or petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 603 - Bond not required -- Exceptions.

Effective 5/12/2015
75-3-603.
Bond not required -- Exceptions.
(1) No bond is required of a personal representative appointed in formal or informal proceedings, except:
(a) upon the appointment of a special administrator without notice having been given;
(b) when an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond;
(c) when bond is requested prior to appointment, by an interested party; or
(d) when bond is required under Section 75-3-605. No bond is required of any personal representative who is exempted from bond under Title 7, Financial Institutions Act.
(2) A bond required pursuant to this section may be dispensed with upon a determination by the court that it is not necessary.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 604 - Bond amount -- Security -- Procedure -- Reduction.

75-3-604.
Bond amount -- Security -- Procedure -- Reduction.
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.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 605 - Demand for bond by interested person.

75-3-605.
Demand for bond by interested person.
If bond is excused as provided in Section 75-3-603, any person apparently having an interest in the estate worth in excess of $5,000, or any unsecured creditors having a claim in excess of $5,000, may make a written demand that a personal representative give bond. The demand shall be filed with the registrar and a copy mailed to the personal representative, if appointment and qualification have occurred. Thereupon, bond is required, but the requirement ceases if the person demanding bond ceases to be interested in the estate, or withdraws the demand. After he has received notice and until the filing of the bond or cessation of the requirement of bond, the personal representative shall refrain from exercising any powers of his office except as necessary to preserve the estate. Failure of the personal representative to meet a requirement of bond by giving suitable bond within 30 days after receipt of notice is cause for his removal and appointment of a successor personal representative.
Amended by Chapter 21, 1985 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 606 - Terms and conditions of bonds.

75-3-606.
Terms and conditions of bonds.
(1) The following requirements and provisions apply to any bond required by this part:
(a) Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law.
(b) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the personal representative and with each other. The address of sureties shall be stated in the bond.
(c) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the probate court which issued letters to the primary obligor in any proceedings pertaining to the fiduciary duties of the personal representative and naming the surety as a party. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner.
(d) On petition of a successor personal representative, any other personal representative of the same decedent, or any interested person, a proceeding in the court may be initiated against a surety for breach of the obligation of the bond of the personal representative.
(e) The bond of the personal representative is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(2) No action or proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
Enacted by Chapter 150, 1975 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 607 - Order restraining personal representative.

75-3-607.
Order restraining personal representative.
(1) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the applicant or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
(2) The matter shall be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and his attorney of record, if any, and to any other parties named defendant in the petition.
(3) Upon petition made by any guardian, conservator, protected person, ward, creditor, or other person interested in the estate as an heir, devisee or otherwise, against any person suspected of having concealed, embezzled, or smuggled, laid away or disposed of any money, goods, or chattels of the decedent or to have in his possession or subject to his knowledge, any deeds, conveyances, bonds, contracts, or other writings, or any personal estate, or any other claim or demand or any last will of the decedent, 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 items, the court may order the delivery of the same to the personal representative, guardian, or conservator.
Amended by Chapter 194, 1977 General Session
2023 Utah Code › Title 75 - Utah Uniform Probate Code › Chapter 3 - Probate of Wills and Administration › Part 6 - Personal Representative - Appointment, Control, and Termination of Authority › Section 608 - Termination of appointment -- General.

75-3-608.
Termination of appointment -- General.
Termination of appointment of a personal representative occurs as indicated in Sections 75-3-609 through 75-3-612. Termination ends the right and power pertaining to the office of personal representative as conferred by this code 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. 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. 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.
Enacted by Chapter 150, 1975 General Session