75-3-407 - Formal testacy proceedings -- Burdens in contested cases. - Utah Statutes

75-3-407. Formal testacy proceedings -- Burdens in contested cases.
(1) In contested cases, petitioners who seek to establish intestacy have the burden ofestablishing prima facie proof of death, venue, and heirship. Proponents of a will have the burdenof establishing prima facie proof of due execution in all cases, and if they are also petitioners,prima facie proof of death and venue. Contestants of a will have the burden of establishing lackof testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation. Exceptin cases where a presumption is operable, parties have the ultimate burden of persuasion as tomatters with respect to which they have the initial burden of proof. Where one or morepresumptions are operable, the ultimate burden of persuasion shall be determined in accordancewith the Utah Rules of Evidence.
(2) If a will is opposed by the petition for probate of a later will revoking the former, itshall be determined first whether the later will is entitled to probate, and if a will is opposed by apetition for a declaration of intestacy, it shall be determined first whether the will is entitled toprobate.

Amended by Chapter 179, 1992 General Session