State Codes and Statutes
Statutes > Utah > Title-75 > Chapter-03 > 75-3-30175-3-301. Informal probate or appointment proceedings -- Application -- Contents.
(1) Applications for informal probate or informal appointment shall be directed to theregistrar, and verified by the applicant to be accurate and complete to the best of his knowledgeand belief as to the appropriate information required under this section.
(2) Every application for informal probate of a will or for informal appointment of apersonal representative, other than a special or successor representative, shall contain thefollowing:
(a) A statement of the interest of the applicant;
(b) The name and date of death of the decedent, his age, the county and state of hisdomicile at the time of death, and the names and addresses of the spouse, children, heirs, anddevisees and the ages of any who are minors so far as known or ascertainable with reasonablediligence by the applicant;
(c) If the decedent was not domiciled in the state at the time of his death, a statementshowing venue;
(d) A statement identifying and indicating the address of any personal representative ofthe decedent appointed in this state or elsewhere whose appointment has not been terminated;
(e) A statement indicating whether the applicant has received a demand for notice or isaware of any demand for notice of any probate or appointment proceeding concerning thedecedent that may have been filed in this state or elsewhere;
(f) That the time limit for informal probate or appointment as provided in this chapter hasnot expired either because three years or less have passed since the decedent's death, or if morethan three years from death have passed, that circumstances as described by Section 75-3-107authorizing tardy probate or appointment have occurred.
(3) An application for informal probate of a will shall state the following in addition tothe statements required by Subsection (2):
(a) That the original of the decedent's last will is in the possession of the court, oraccompanies the application, or that an authenticated copy of a will probated in anotherjurisdiction accompanies the application;
(b) That the applicant, to the best of his knowledge, believes the will to have been validlyexecuted;
(c) That after the exercise of reasonable diligence, the applicant is unaware of anyinstrument revoking the will, and that the applicant believes that the instrument which is thesubject of the application is the decedent's last will.
(4) An application for informal appointment of a personal representative to administer anestate under a will shall describe the will by date of execution and state the time and place ofprobate or the pending application or petition for probate. The application for appointment shalladopt the statements in the application or petition for probate, state the name, address and priorityfor appointment of the person whose appointment is sought, state whether or not bond is required,and, if required, unless specified by the will, state the estimated value of the personal and realestate of the decedent and of the income expected from the personal and real estate during thenext year.
(5) An application for informal appointment of an administrator in intestacy shall state inaddition to the statements required by Subsection (2):
(a) That after the exercise of reasonable diligence, the applicant is unaware of anyunrevoked testamentary instrument relating to property having a situs in this state under Section
75-1-301, or, a statement why any such instrument of which he may be aware is not beingprobated;
(b) The priority of the person whose appointment is sought and the names of any otherpersons having a prior or equal right to the appointment under Section 75-3-203;
(c) If bond is required, the estimated value of the personal and real estate of the decedentand of the income expected from the personal and real estate during the next year.
(6) An application for appointment of a personal representative to succeed a personalrepresentative appointed under a different testacy status shall refer to the order in the most recenttestacy proceeding, state the name and address of the person whose appointment is sought and ofthe person whose appointment will be terminated if the application is granted, and describe thepriority of the applicant.
(7) An application for appointment of a personal representative to succeed a personalrepresentative who has tendered a resignation as provided in Subsection 75-3-610(3), or whoseappointment has been terminated by death or removal, shall adopt the statements in theapplication or petition which led to the appointment of the person being succeeded, except asspecifically changed or corrected, state the name and address of the person who seeksappointment as successor, and describe the priority of the applicant.
Amended by Chapter 194, 1977 General Session
