The probate process is a system in Utah of court proceedings designed to collect and value assets of a decedent; validate a will or determine heirs of a decedent; provide an opportunity for creditors to submit claims against a decedent’s estate; provide payment of creditors’ claims; and finally to provide an orderly framework of distribution to heirs and devisees.
Utah is a UPC Jurisdiction. The Uniform Probate Code (UPC) has been enacted in its entirety in 18 states according to the Uniform Law Commission.[1] Utah enacted the Utah Uniform Probate Code in 1975 in Title 75 of the Utah Code. In the balance of the states, portions of the UPC have been enacted. The main purpose behind the promulgation of the UPC is recognition of the itinerant nature of the average American during life and the great need to provide uniformity between state borders in the process of estate administration upon death.
[1] Alaska, Arizona, Colorado, Hawaii, Idaho, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, North Dakota, South Carolina, South Dakota, U.S. Virgin Islands, Utah