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Monday, January 22, 2018

In Utah, is probate possible after three years from the date of death of the decedent? Kathie Brown Roberts PC

An initial consideration in the probate process is the determination of when a decedent died and whether probate of a Will is even possible.  If the decedent died more than three years ago, a will may not be probated and the presumption of intestacy is final.[1]  However, the court has continuing jurisdiction to determine the property owned by a decedent at the time of death and can also appoint a fiduciary such as a special administrator to administer the decedent’s property.[2]  Additionally, notwithstanding the three year time limit to probate a will, a determination of heirs proceeding may be initiated beyond the three year window.[3]

[1] U.C.A. Sec. 75-3-107(3).

[2] U.C.A. Sec. 75-3-107 (4).

[3] U.C.A. Sec. 75-4-107(2).

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