75-3-708 - Duty of personal representative -- Possession of estate. - Utah Statutes

75-3-708. Duty of personal representative -- Possession of estate.
Except as otherwise provided by a decedent's will, every personal representative has aright to, and shall take possession or control of, the decedent's property, except that any realproperty or tangible personal property may be left with or surrendered to the personpresumptively entitled thereto unless or until, in the judgment of the personal representative,possession of the property by him will be necessary for purposes of administration. The requestby a personal representative for delivery of any property possessed by an heir or devisee isconclusive evidence, in any action against the heir or devisee for possession thereof, that thepossession of the property by the personal representative is necessary for purposes ofadministration. The personal representative shall pay taxes on, and take all steps reasonablynecessary for the management, protection, and preservation of, the estate in his possession. Hemay maintain an action to recover possession of property or to determine the title thereto.

Enacted by Chapter 150, 1975 General Session