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).