State Codes and Statutes
Statutes > Utah > Title-75 > Chapter-03 > 75-3-41275-3-412. Formal testacy proceedings -- Effect of order -- Vacation.
(1) Subject to appeal and subject to vacation as provided in this section and in Section75-3-413, a formal testacy order under this part, including an order that the decedent left no validwill and determining heirs, is final as to all persons with respect to all issues concerning thedecedent's estate that the court considered or might have considered incident to its renditionrelevant to the question of whether the decedent left a valid will, and to the determination of heirs,except that:
(a) The court shall entertain a petition for modification or vacation of its order andprobate of another will of the decedent if it is shown that the proponents of the later-offered willwere unaware of its existence at the time of the earlier proceeding or were unaware of the earlierproceeding and were given no notice of it, except by publication.
(b) If intestacy of all or part of the estate has been ordered, the determination of heirs ofthe decedent may be reconsidered if it is shown that one or more persons were omitted from thedetermination and it is also shown that the persons were unaware of their relationship to thedecedent, were unaware of his death, or were given no notice of any proceeding concerning hisestate, except by publication.
(c) The order originally rendered in the testacy proceeding may be modified or vacated, ifappropriate under the circumstances, by the order of probate of the later-offered will or the orderredetermining heirs.
(d) The finding of the fact of death is conclusive as to the alleged decedent only if noticeof the hearing on the petition in the formal testacy proceeding was sent by registered or certifiedmail addressed to the alleged decedent at his last known address and the court finds that a searchunder Subsection 75-3-403(2) was made.
(2) If the alleged decedent is not dead, even if notice was sent and search was made, hemay recover estate assets in the hands of the personal representative. In addition to any remediesavailable to the alleged decedent by reason of any fraud or intentional wrongdoing, the allegeddecedent may recover any estate or its proceeds from distributees that is in their hands, or thevalue of distributions received by them, to the extent that any recovery from distributees isequitable in view of all of the circumstances.
(3) A petition for vacation under either Subsections (1)(a) or (b) must be filed prior to theearlier of the following time limits:
(a) If a personal representative has been appointed for the estate, the time of entry of anyorder approving final distribution of the estate, or, if the estate is closed by statement, six monthsafter the filing of the closing statement.
(b) Whether or not a personal representative has been appointed for the estate of thedecedent, the time prescribed by Section 75-3-107 when it is no longer possible to initiate anoriginal proceeding to probate a will of the decedent.
(c) Twelve months after the entry of the order sought to be vacated.
Enacted by Chapter 150, 1975 General Session
