Utah Petition for Probate

Introduction

Key Things to Know

1. 1

   Probate is filed in the Utah district court of the county where the decedent was domiciled at death, or, for a nonresident decedent, any county where the decedent's property was located (Utah Code 75-3-201). The informal route uses Form 1002ESF (Application for Informal Probate of Will and Informal Appointment of Personal Representative) or, when there is no will, the court's no-will informal application (confirm the current form on the court's self-help page). The formal route is a petition with notice and a hearing. The court's form controls over any draft petition.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. A named executor must still apply and be appointed, and should not distribute assets, pay heirs or sell property before appointment or before the creditor period has run.

3. 3

   An informal probate or formal testacy proceeding generally may not be commenced more than three years after the decedent's death (Utah Code 75-3-107). After a request from an interested person, whoever has custody of the will must deliver it with reasonable promptness to a person able to secure its probate (75-2-902). Utah gives no fixed number of days for delivery.

4. 4

   Priority to serve runs: the person nominated in a probated will, a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, then any creditor 45 days after death (Utah Code 75-3-203). A person the court finds unsuitable in formal proceedings is not qualified. An objection to an appointment can be made only in formal proceedings. The court registrar can advise whether a nonresident proposed representative faces additional requirements.

5. 5

   On an informal application, the clerk gives written notice to heirs and devisees who have not waived notice, stating that probate will be granted after 10 days from the date of the notice (Utah Code 75-3-306). Applicants commonly collect signed waivers of notice. In a formal proceeding, the petitioner gives notice of the hearing to the spouse, children, other heirs, devisees and named executors (75-3-403).

6. 6

   No bond is required by default, unless the person is a special administrator appointed without notice, the will requires one, an interested person asks for one before appointment, or a bond is demanded later (Utah Code 75-3-603). After appointment, a person with an interest worth over $5,000, or an unsecured creditor with a claim over $5,000, may demand bond in writing (75-3-605). The court may dispense with a required bond if it is not necessary.

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and Utah has a small-estate affidavit route that is given to the asset holder, not filed with the court. See DocDraft's small-estate-affidavit page for that route. Utah also has a summary procedure inside an appointment for very small estates (Utah Code 75-3-1203).

Utah Requirements for Petition for Probate

• District Court Venue

  Probate is filed in the Utah district court of the county where the decedent was domiciled at death, or, for a nonresident decedent, any county where the decedent's property was located (Utah Code 75-3-201). Informal applications go to the registrar and formal petitions go to the judge.

• Informal Application, Form 1002ESF

  The informal route uses Form 1002ESF, Application for Informal Probate of Will and Informal Appointment of Personal Representative when there is a will, or the court's no-will application when there is none. A formal route is a petition with notice and hearing (Utah Code 75-3-402). The court's form controls over any draft.

• Three-Year Limit to Start Probate

  An informal probate or formal testacy proceeding generally may not be commenced more than three years after the decedent's death, with exceptions (Utah Code 75-3-107). On request of an interested person, a will custodian must deliver the will with reasonable promptness to a person able to secure its probate (75-2-902).

• Priority and Qualification to Serve

  Priority runs from the person under a probated will through devisees, the surviving spouse and heirs, to creditors 45 days after death. A person found unsuitable in formal proceedings is not qualified, and an objection to an appointment can be made only in formal proceedings (Utah Code 75-3-203).

• Notice to Heirs and Devisees

  On an informal application, the clerk mails written notice to heirs and devisees who have not waived notice, stating probate will be granted after 10 days from the date of the notice (Utah Code 75-3-306). A formal proceeding requires notice of hearing under 75-3-403.

• Optional Creditor Notice and One-Year Bar

  The personal representative may publish a notice to creditors once a week for three successive weeks, giving three months from first publication, and may mail notice to known creditors (Utah Code 75-3-801). Claims that arose before death are barred at the earlier of one year after death or the notice period (75-3-803).

• No Bond by Default

  No bond is required unless the person is a special administrator appointed without notice, the will requires one, an interested person requests it before appointment, or it is demanded later by a person with an interest over $5,000 or an unsecured creditor with a claim over $5,000. The court may dispense with a required bond if not necessary (Utah Code 75-3-603, 75-3-605).

• Statement of Acceptance Before Letters

  Before receiving letters, a personal representative qualifies by filing with the appointing court any required bond and a statement of acceptance of the duties of the office (Utah Code 75-3-601).