Utah Code 75-4-206. Power of representatives in transition

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Terms Used In Utah Code 75-4-206

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
Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
Foreign personal representative: means a personal representative of another jurisdiction. See Utah Code 75-1-201 v2
Local administration: means administration by a personal representative appointed in this state pursuant to appointment proceedings described in Chapter 3, Probate of Wills and Administration. See Utah Code 75-4-101
Local personal representative: includes any personal representative appointed in this state pursuant to appointment proceedings described in Chapter 3, Probate of Wills and Administration, and excludes foreign personal representatives who acquire the power of a local personal representative under Section 75-4-205. See Utah Code 75-4-101
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
Petition: means a written request to the court for an order after notice. 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

The power of a domiciliary foreign personal representative under Section 75-4-201 or 75-4-205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section 75-4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in this state.

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