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Terms Used In Utah Code 75-3-302

  • Application: means a written request to the registrar for an order of informal probate or appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings. See Utah Code 75-1-201 v2
  • Decedent: A deceased person.
  • Issue: means a descendant of an individual. 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
  • Registrar: means the official of the court designated to perform the functions of registrar as provided in Section 75-1-307. See Utah Code 75-1-201 v2
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5

     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 Informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding.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.