75-3-402 - Formal testacy or appointment proceedings -- Petition -- Contents. - Utah Statutes

75-3-402. Formal testacy or appointment proceedings -- Petition -- Contents.
(1) Petitions for formal probate of a will, or for adjudication of intestacy with or withoutrequest for appointment of a personal representative, must be directed to the court, request ajudicial order after notice and hearing, and contain further statements as indicated in this section.A petition for formal probate of a will:
(a) Requests an order as to the testacy of the decedent in relation to a particularinstrument which may or may not have been informally probated and determining the heirs;
(b) Contains the statements required for informal applications as stated in Subsection75-3-301(2) and the statements required by Subsections 75-3-301(3)(b) and (c), and, if thepetition requests appointment of a personal representative, the statements required by Subsection75-3-301(4); and
(c) States whether the original of the last will of the decedent is in the possession of thecourt or accompanies the petition.
(2) If the original will is neither in the possession of the court nor accompanies thepetition and no authenticated copy of a will probated in another jurisdiction accompanies thepetition, the petition also must state the contents of the will and indicate that it is lost, destroyed,or otherwise unavailable.
(3) A petition for adjudication of intestacy and appointment of an administrator inintestacy must request a judicial finding and order that the decedent left no will and determiningthe heirs, contain the statements required by Subsections 75-3-301(2) and 75-3-301(5) andindicate whether supervised administration is sought. A petition may request an order determiningintestacy and heirs without requesting the appointment of an administrator, in which case, thestatements required by Subsection 75-3-301(5)(b) above may be omitted.

Amended by Chapter 194, 1977 General Session