1     
PROBATE AND TRUST AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kelly B. Miles

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to notice in probate and trust matters.
10     Highlighted Provisions:
11          This bill:
12          ▸     clarifies notice requirements related to probate and trust matters;
13          ▸     allows an individual to file a motion with the court to participate in a pending
14     probate or trust matter when the individual did not have notice of the matter;
15          ▸     allows an individual to file a motion with the court to reopen a resolved probate or
16     trust matter when the individual did not have notice of the matter;
17          ▸     clarifies when the rules of civil procedure apply to probate and trust matters; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          75-1-401, as last amended by Laws of Utah 2021, Chapters 84 and 345
26          75-7-109, as enacted by Laws of Utah 2004, Chapter 89
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 75-1-401 is amended to read:
30          75-1-401. Notice -- Method and time of giving -- Lack of notice procedure --
31     Objections.
32          (1) If notice of a hearing on any petition is required, and except for specific notice
33     [requirements as otherwise provided, the petitioner shall cause notice of the time and place of
34     hearing of any petition to be given to any interested person or the person's attorney if the person
35     has appeared by attorney or requested that notice be sent to the person's attorney] requirements
36     as otherwise provided in this title or court order, the court clerk shall provide notice of the time
37     and place of any petition hearing to any interested person or the person's attorney if the attorney
38     has appeared in the matter for the person or the person has requested that notice be sent to the
39     person's attorney. Notice shall be given by the clerk posting a copy of the notice for the 10
40     consecutive days immediately preceding the time set for the hearing in at least three public
41     places in the county, one of which must be at the courthouse of the county and:
42          (a) (i) by the clerk mailing a copy thereof at least 10 days before the time set for the
43     hearing by certified, registered, or ordinary first class mail addressed to the person being
44     notified at the post-office address given in the demand for notice, if any, or at the person's
45     office or place of residence, if known; or
46          (ii) by delivering a copy thereof to the person being notified personally at least 10 days
47     before the time set for the hearing; and
48          (b) if the address, or identity of any person is not known and cannot be ascertained with
49     reasonable diligence, by the petitioner publishing:
50          (i) at least once a week for three consecutive weeks a copy thereof in a newspaper
51     having general circulation in the county where the hearing is to be held, the last publication of
52     which is to be at least 10 days before the time set for the hearing; and
53          (ii) on the Utah Public Notice Website created in Section 63A-16-601, for three weeks.
54          (2) The court for good cause shown may provide for a different method or time of
55     giving notice for any hearing.
56          (3) Proof of the giving of notice shall be made on or before the hearing and filed in the
57     proceeding.
58          (4) A person may file a motion described in Subsection (5) or (6) if:

59          (a) the person can establish by competent evidence that the person did not receive
60     notice under Subsection (1)(a);
61          (b) the person would be entitled to participate in the matter had the person received
62     notice; and
63          (c) the petitioner did not publish notice in accordance with Subsection (1)(b).
64          (5) (a) For a pending petition described in Subsection (1), a person described in
65     Subsection (4) may file a motion to participate in the matter with any rights that would be
66     available to the person had the person received notice under Subsection (1).
67          (b) A court may grant a motion described in Subsection (5)(a):
68          (i) after a hearing where any party to the petition may participate; and
69          (ii) if the court determines that:
70          (A) the person did not receive notice in accordance with Subsection (1)(a); and
71          (B) the person's substantial rights are implicated if the person is not allowed to
72     participate in the matter.
73          (6) (a) For a resolved petition described in Subsection (1), a person described in
74     Subsection (4) may file a motion with the court to reopen the matter.
75          (b) The court may grant the motion described in Subsection (6)(a):
76          (i) after a hearing where any party to the granted petition may participate; and
77          (ii) if the court determines that the person:
78          (A) did not receive notice as described in Subsection (1)(a); and
79          (B) will be substantially prejudiced if the matter is not reopened.
80          (7) The Utah Rules of Civil Procedure shall govern court filings and hearings under
81     this title once a party files an objection.
82          Section 2. Section 75-7-109 is amended to read:
83          75-7-109. Methods and waiver of notice.
84          (1) Notice to a person under this chapter or the sending of a document to a person
85     under this chapter must be accomplished in a manner reasonably suitable under the
86     circumstances and likely to result in receipt of the notice or document. Permissible methods of
87     notice or for sending a document include first-class mail, personal delivery, delivery to the
88     person's last known place of residence or place of business, or a properly directed electronic
89     message.

90          (2) Notice under this chapter or the sending of a document under this chapter may be
91     waived by the person to be notified or sent the document.
92          [(3) Notice of a judicial proceeding must be given as provided in the applicable rules of
93     civil procedure.]
94          (3) Unless otherwise ordered by the court, for a judicial proceeding under this chapter,
95     notice of a judicial proceeding shall be provided as described in Section 75-1-401, including
96     notice of any petition filed under this chapter.