75-3-414 - Formal proceedings concerning appointment of personal representative. - Utah Statutes

75-3-414. Formal proceedings concerning appointment of personal representative.
(1) A formal proceeding for adjudication regarding the priority or qualification of onewho is an applicant for appointment as personal representative, or of one who previously has beenappointed personal representative in informal proceedings, if an issue concerning the testacy ofthe decedent is or may be involved, is governed by Section 75-3-402, as well as by this section. Inother cases, the petition shall contain or adopt the statements required by Subsection 75-3-301(2)and describe the question relating to priority or qualification of the personal representative whichis to be resolved. If the proceeding precedes any appointment of a personal representative, it shallstay any pending informal appointment proceedings as well as any commenced thereafter. If theproceeding is commenced after appointment, the previously appointed personal representative,after receipt of notice thereof, shall refrain from exercising any power of administration except asnecessary to preserve the estate or unless the court orders otherwise.
(2) After notice to interested persons, including all persons interested in the administrationof the estate as successors under the applicable assumption concerning testacy, any previouslyappointed personal representative and any person having or claiming priority for appointment aspersonal representative, the court shall determine who is entitled to appointment under Section75-3-203, make a proper appointment and, if appropriate, terminate any prior appointment foundto have been improper as provided in cases of removal under Section 75-3-611.

Amended by Chapter 194, 1977 General Session