Utah Code 75-3-308. Informal appointment proceedings — Proof and findings required
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(1) In informal appointment proceedings, the registrar shall determine whether:
Terms Used In Utah Code 75-3-308
- Application: means a written request to the registrar for an order of informal probate or appointment under Chapter 3, Part 3, Informal Probate and Appointment Proceedings. See Utah Code 75-1-201 v2
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Decedent: A deceased person.
- Interested person: includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person. See Utah Code 75-1-201 v2
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-1-201 v2
- Registrar: means the official of the court designated to perform the functions of registrar as provided in Section
75-1-307 . See Utah Code 75-1-201 v2 - Special administrator: means a personal representative as described in Sections
75-3-614 through75-3-618 . See Utah Code 75-1-201 v2 - State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States, or a Native American tribe or band recognized by federal law or formally acknowledged by a state. See Utah Code 75-1-201 v2
- Venue: The geographical location in which a case is tried.
(1)(a) the application for informal appointment of a personal representative is complete;
(1)(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;
(1)(c) the applicant appears from the application to be an interested person as defined in Subsection 75-1-201(24) ;
(1)(d) on the basis of the statements in the application, venue is proper;
(1)(e) any will to which the requested appointment relates has been formally or informally probated; but this requirement does not apply to the appointment of a special administrator;
(1)(f) any notice required by Section 75-3-204 has been given; and
(1)(g) from the statements in the application, the person whose appointment is sought has priority entitling him to the appointment.
(2) Unless Section 75-3-612 controls, the application shall be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in Subsection 75-3-610(3) has been appointed in this or another county of this state, that (unless the applicant is the domiciliary personal representative or his nominee) the decedent was not domiciled in this state, and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile, or that other requirements of this section have not been met.