75-3-1002 - Formal proceedings terminating testate administration -- Order construing will without adjudicating testacy. - Utah Statutes

75-3-1002. Formal proceedings terminating testate administration -- Orderconstruing will without adjudicating testacy.
A personal representative administering an estate under an informally probated will or anydevisee under an informally probated will may petition for an order of settlement of the estatewhich will not adjudicate the testacy status of the decedent. The personal representative maypetition at any time, and a devisee may petition after one year from the appointment of theoriginal personal representative, except that no petition under this section may be entertained untilthe time for presenting claims which arose prior to the death of the decedent has expired. Thepetition may request the court to consider the final account or compel or approve an accountingand distribution, to construe the will, and to adjudicate final settlement and distribution of theestate. After notice to all devisees and the personal representative and hearing, the court may enteran order or orders, on appropriate conditions, determining the persons entitled to distribution ofthe estate under the will, and, as circumstances require, approving settlement and directing orapproving distribution of the estate and discharging the personal representative from further claimor demand of any devisee who is a party to the proceeding and those he represents. If it appearsthat a part of the estate is intestate, the proceedings shall be dismissed or amendments made tomeet the provisions of Section 75-3-1001.

Enacted by Chapter 150, 1975 General Session