Utah Code § 75-3-303

Informal probate -- Proof and findings required
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(1) In an informal proceeding for original probate of a will, the registrar shall determine whether:
(a) the application is complete;
(b) the applicant has made oath or affirmation that the statements contained in the application
are true to the best of his knowledge and belief;
(c) the applicant appears from the application to be an interested person;
(d) on the basis of the statements in the application, venue is proper;
(e) an original, duly executed and apparently unrevoked will was presented to the court for
electronic storage and electronic filing and is now in the possession of the applicant or the
applicant's attorney, or is in the registrar's possession;
(f) any notice required by Section 75-3-204 has been given and that the application is not within
Section 75-3-304; and
(g) it appears from the application that the time limit for original probate has not expired.
(2) The application shall be denied if it indicates that a personal representative has been appointed
in another county of this state or except as provided in Subsection (4), if it appears that this or
another will of the decedent has been the subject of a previous probate order.
(3) A will which appears to have the required signatures and which contains an attestation clause
showing that requirements of execution under Section 75-2-502, 75-2-503, or 75-2-506 have
been met shall be probated without further proof. In other cases, the registrar may assume
execution if the will appears to have been properly executed, or he may accept a sworn
statement or affidavit of any person having knowledge of the circumstances of execution,
whether or not the person was a witness to the will.
(4) Informal probate of a will which has been previously probated elsewhere may be granted
at any time upon written application by any interested person, together with deposit of an
authenticated copy of the will and of the statement probating it from the office or court where it
was first probated.
(5) A will from a place which does not provide for probate of a will after death and which is not
eligible for probate under Subsection (1) above may be probated in this state upon receipt by

the registrar of a duly authenticated copy of the will and a duly authenticated certificate of its
legal custodian that the copy filed is a true copy and that the will has become operative under
the law of the other place.

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