Title 75 Chapter 3 Part 4 Section 401
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| Index | 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.
Amended by Chapter 194, 1977 General Session
| (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
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