Utah Code § 78B-6-1215

Confirmation, modification, or vacation by court -- Effect of death of party
Open in Lexace · Ask the AI about this section
before judgment.
(1) The court may confirm, change, modify, or set aside the report, and if necessary, appoint new
referees. Upon the report being confirmed judgment must be rendered that the partition be
effectual forever. The judgment shall be binding and conclusive on all persons:
(a) named as parties to the action and their legal representatives, who have at the time any
interest in the property, whether as:
(i) owners in fee;
(ii) tenants for life or for years; or
(iii) entitled to the reversion, remainder, or the inheritance of the property or of any portion after
the determination of a particular estate in it;
(b) who by any contingency may be entitled to a beneficial interest in the property, or who have
an interest in any undivided share thereof as tenants for years or for life;
(c) interested in the property who may be unknown, to whom notice of the action for partition has
been given by publications; and
(d) claiming from any parties or persons in Subsection (1)(c).
(2) A judgment is not invalid by reason of the death of any party before final judgment or decree,
but the judgment or decree is as conclusive against the heirs, legal representatives, or assigns
of the decedent as if it had been entered before the person's death.
Renumbered and Amended by Chapter 3, 2008 General Session

‹ 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.