Utah Code 78B-2-222. Actions to recover estate sold by executor or administrator
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Terms Used In Utah Code 78B-2-222
- action: as used in this chapter includes counterclaims and cross-complaints and all other civil actions in which affirmative relief is sought. See Utah Code 78B-2-101
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Decedent: A deceased person.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Fraud: Intentional deception resulting in injury to another.
- Person: means :Utah Code 68-3-12.5
- Probate: Proving a will
An action for the recovery of an estate sold by an executor or administrator in the course of a probate proceeding shall be maintained by an heir or other person claiming under the decedent within three years after the sale. An action to set aside the sale shall be instituted and maintained within three years from the discovery of the fraud or other lawful grounds upon which the action is based.
Renumbered and Amended by Chapter 3, 2008 General Session