Priority Among Personal Representatives In Utah- Who Gets to Serve? Kathie Brown Roberts PC

A Personal Representative’s priority to serve is statutory and largely based on their relationship to the decedent.  For example, the highest level of priority to serve is that person nominated in the decedent’s testamentary documents.[1]  A surviving spouse who is also a devisee has priorities over other devisees.[2]  A creditor, after forty-five (45) days after the death of the decedent may also petition to be appointed as personal representative, but has lowest priority.[3]  Objections to the appointment of a personal representative may only be made in formal probate proceedings.[4]  You must be 21 or older to serve as personal representative.[5]

[1] U.C.A. Sec. 75-3-203 (1)(a).

[2] Id.

[3] Id.

[4] U.C. A. Sec. 75-3-203 (2).

[5] U.C.A. Sec. 75-3-203 (6)(a).