UTAH CODE (Last Updated: January 16, 2015) |
Title 75. Utah Uniform Probate Code |
Chapter 3. Probate of Wills and Administration |
Part 1. General Provisions |
§ 75-3-107. Probate and testacy proceedings -- Ultimate time limit -- Presumption and order of intestacy. (Effective 5/13/2014)
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(2) The limitations provided in Subsection (1) do not apply to proceedings to construe probated wills or determine heirs of an intestate. In cases under Subsection (1)(a) or (b), the date on which a testacy proceeding is properly commenced shall be deemed to be the date of the decedent's death for purposes of other limitations provisions of this title which relate to the date of death. (3) If no will is probated within three years from death, the presumption of intestacy is final and the court shall upon filing a proper petition enter an order to that effect. (4) Notwithstanding the time restriction in Subsection (1), the court has continuing jurisdiction to: (a) determine what property was owned by the decedent at the time of death; and (b) appoint, formally or informally, a personal representative or special administrator to administer the decedent's estate.
Amended by Chapter 142, 2014 General Session