Utah Code 75-3-107. Probate and testacy proceedings — Ultimate time limit — Presumption and order of intestacy
Current as of: 2024 | Check for updates
|
Other versions
(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:
Terms Used In Utah Code 75-3-107
- Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Utah Code 75-1-201 v2
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Decedent: A deceased person.
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- Exempt property: means that property of a decedent's estate which is described in Section
75-2-403 . See Utah Code 75-1-201 v2 - Intestate: Dying without leaving a will.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-1-201 v2
- Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
- Probate: Proving a will
- Proceeding: includes action at law and suit in equity. See Utah Code 75-1-201 v2
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
- Protected person: means a person for whom a conservator has been appointed. See Utah Code 75-1-201 v2
- Special administrator: means a personal representative as described in Sections
75-3-614 through75-3-618 . See Utah Code 75-1-201 v2 - Testacy proceeding: means a proceeding to establish a will or determine intestacy. See Utah Code 75-1-201 v2
(1)(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;
(1)(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
(1)(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:
(4)(a) determine what property was owned by the decedent at the time of death; and
(4)(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:
(4)(b)(i) a homestead allowance;
(4)(b)(ii) exempt property;
(4)(b)(iii) a family allowance;
(4)(b)(iv) a support allowance;
(4)(b)(v) an elective share of the surviving spouse; and
(4)(b)(vi) a claim other than expenses of administration.