Petition for Probate of Will and for Letters Testamentary (Utah)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE [_____] JUDICIAL DISTRICT COURT, [COUNTY] COUNTY, STATE OF UTAH

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees and Heirs at Law (for Notice)
7. Nomination and Priority of Personal Representative
8. Bond
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Case No.: [____________________________________] Judge: [____________________]

This proceeding is brought as: ☐ Formal Testacy Proceeding (Petition, § 75-3-401) ☐ Informal Probate (Application, § 75-3-301)

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Utah [ZIP CODE]
County of Residence: [COUNTY]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Person named as Executor (Personal Representative) in the Decedent's Last Will and Testament.
Interest of Petitioner (§ 75-3-301(2)(a)): [________________________________]

3. DECEDENT INFORMATION

4. JURISDICTION AND VENUE

a. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____].

b. The Decedent was domiciled in [COUNTY] County, Utah at the time of death; venue is proper in this District Court under Utah Code § 75-3-201.

c. ☐ The Decedent was not domiciled in Utah at the time of death but property of the Decedent was located in [COUNTY] County; a statement showing venue is provided (§ 75-3-301(2)(c)).

d. Under Utah Code § 75-3-102, a will is not effective to prove transfer of property or to nominate a personal representative until it is declared valid by informal probate or adjudicated by the court.

e. This Petition is filed more than 120 hours after the Decedent's death and within three years of death (§ 75-3-107, § 75-3-307).

f. ☐ Petitioner is unaware of any personal representative appointed in this State or elsewhere whose appointment has not been terminated (§ 75-3-301(2)(d)).

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered is the Decedent's Last Will and Testament dated [__/__/____] ☐ together with the following Codicil(s): [__________________________].

b. The original of the last Will of the Decedent ☐ is in the possession of the court ☐ accompanies this Petition ☐ was presented to the court for electronic storage/filing and is in the possession of the petitioner or petitioner's attorney (§ 75-3-402(1)(c)).

c. ☐ The original Will is not available; the Petition states the contents of the Will and indicates that it is lost, destroyed, or otherwise unavailable (§ 75-3-402(2)).

d. To the best of Petitioner's knowledge the Will was validly executed, and after reasonable diligence Petitioner is unaware of any instrument revoking the Will and believes it to be the Decedent's last Will (§ 75-3-301(3)(b)–(c)).

e. Self-proving status:
☐ The Will is self-proved by acknowledgment and affidavits of the testator and witnesses executed under Utah Code § 75-2-504, and may be admitted without testimony of witnesses in an uncontested case (§ 75-3-303, § 75-3-405).
☐ The Will is not self-proved; due execution will be established by the testimony or affidavit of a subscribing witness (§ 75-3-405, § 75-3-406).

f. Subscribing witnesses to the Will:

6. DEVISEES AND HEIRS AT LAW (FOR NOTICE)

The names and addresses of the Decedent's spouse, children, heirs, and devisees, and the ages of any who are minors, so far as known or ascertainable with reasonable diligence (Utah Code § 75-3-301(2)(b)), entitled to notice under § 75-3-403:

Devisees / Legatees named in the Will:

Heirs at Law (intestate takers, for notice):

7. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

a. The Decedent's Will nominates [PETITIONER FULL LEGAL NAME] as Executor / Personal Representative.

b. As the person nominated as personal representative in a probated Will, Petitioner has highest priority for appointment under Utah Code § 75-3-203(1)(a).

c. Petitioner is at least 21 years of age, competent, and is not disqualified to serve as Personal Representative (§ 75-3-203(6)).

d. ☐ Persons with prior or equal right of appointment have renounced their right or nominated Petitioner (§ 75-3-203).

8. BOND

Under Utah Code § 75-3-603, no bond is required of a personal representative appointed in formal or informal proceedings except for a special administrator appointed without notice, when the will expressly requires bond, when an interested party requests bond before appointment, or when bond is required under § 75-3-605. Even then, the court may dispense with bond if it determines bond is unnecessary. Petitioner requests:

☐ That no bond be required because the Will does not expressly require bond, no interested party requested bond before appointment, and bond is not required under § 75-3-605 (§ 75-3-603).
☐ That no bond be required as provided by § 75-3-603.
☐ That Petitioner furnish bond in the amount of $[________________] if the Court determines bond is desirable or a demand is made (§ 75-3-604).

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

a. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any Codicil) to probate;

b. Enter an order as to the testacy of the Decedent and determine the heirs, finding the Will valid and unrevoked;

c. Appoint Petitioner as Personal Representative (Executor) of the Estate;

d. Issue Letters Testamentary to Petitioner upon qualification and acceptance of appointment;

e. Determine that no bond is required, or fix bond as set forth above;

f. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], the Petitioner, verify and declare under criminal penalty of the State of Utah that the foregoing Petition is true and correct, and is accurate and complete to the best of my knowledge and belief.

Executed on [__/__/____] at [CITY], Utah.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE / NOTICE

In a formal testacy proceeding, notice of the time and place of hearing must be given to interested persons in compliance with Utah Code § 75-3-403 and § 75-1-401, at least 14 days before the time set for the hearing, by mail or delivery, and by publication where addresses are unknown. In an informal proceeding, the personal representative must give information to the heirs and devisees under § 75-3-705 within 30 days after appointment.

☐ Notice of hearing mailed or delivered to each interested person at least 14 days before the hearing (§ 75-3-403, § 75-1-401)
☐ Notice published once a week for three consecutive weeks in [NEWSPAPER NAME], a newspaper of general circulation in [COUNTY] County, where addresses are unknown (§ 75-1-401)
☐ Information to heirs and devisees mailed within 30 days of appointment (informal) (§ 75-3-705)

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Utah State Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Verified Petition for Formal Probate of Will and Appointment of Personal Representative (or Application for Informal Probate)
☐ Original Last Will and Testament and all Codicils
☐ Self-proving affidavit (§ 75-2-504) or Affidavit of Subscribing Witness
☐ Certified copy of Death Certificate
☐ Acceptance of Appointment (§ 75-3-602)
☐ Notice of Hearing and proof of mailing / publication (formal) (§ 75-3-403)
☐ Bond (§ 75-3-604), if required, or statement that bond is waived/not required
☐ Renunciations or nominations of persons with prior or equal priority (if any)
☐ Proposed Statement / Order of Probate and Appointment; proposed Letters Testamentary
☐ Filing fee payment

Sources and References
- Utah Code Title 75, Chapter 3 (Probate of Wills and Administration): §§ 75-3-101 to 75-3-414; 75-3-601 to 75-3-606
- Utah Code § 75-2-504 (Self-proved will)
- Utah Courts probate self-help: https://www.utcourts.gov/en/self-help/case-categories/probate.html