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Utah Probate, Elder Law, Medicaid, Guardianship and Special Needs Blog

Sunday, January 14, 2018

When is Utah the Correct Venue for Probate? Kathie Brown Roberts PC

The appropriate venue for a probate proceeding is either the county in which the decedent died, or if the decedent did not die in Utah, the county where the decedent’s real property is located.[1]  The appropriate venue for probate of a decedent’s estate where there is a nondomiciliary debtor is where the debtor resides. [2] The appropriate venue for probate of a decedent owning commercial paper, investment paper, and other instruments are located where the instrument is. An interest in property held in trust is located where the trustee may be sued.[3]



[1] U.C.A.  Sec. 75-1-301.

[2] U.C. A. Sec. 75-1-201 (4).

[3] U.C. A. Sec. 75-1-201 (4).


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