(1) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant's knowledge and belief as to the appropriate information required under this section. (2) Every application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, shall contain the following: (a) a statement of the interest of the applicant; (b) the name and date of death of the decedent, the decedent's age, the county and state of the decedent's domicile at the time of death, and the names and addresses of the spouse, children, heirs, and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant; (c) if the decedent was not domiciled in the state at the time of the decedent's death, a statement showing venue; (d) a statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated; and (e) a statement indicating whether the applicant has received a demand for notice or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere. (3) An application for informal probate of a will shall state the following in addition to the statements required by Subsection (2): (a) that the original of the decedent's last will: (i) is in the possession of the court; (ii) was filed with the court's electronic filing system and is now in the possession of the applicant or the applicant's attorney; or (iii) is an authenticated copy of a will probated in another jurisdiction accompanies the application or was filed with the court's electronic filing system and the authenticated copy is now in the possession of the applicant or the applicant's attorney; (b) that the applicant, to the best of the applicant's knowledge, believes the will to have been validly executed; (c) that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument which is the subject of the application is the decedent's last will; and (d) that the time limit for informal probate as provided in this chapter has not expired either because three years or less have passed since the decedent's death, or if more than three years have passed since the decedent's death, circumstances as described by Section
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.