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 is a formal testacy and appointment petition under Utah Code §§ 75-3-401 and 75-3-402.

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, probate generally establishes a will's effectiveness to prove a property transfer or nominate a personal representative. That section permits narrow evidentiary use of an unprobated will when its stated conditions are met.

e. Personal representative appointed in Utah or elsewhere whose appointment has not ended, if any: [NAME, ADDRESS, COURT, OR NONE] (§ 75-3-301(2)(d)).

f. Petitioner ☐ has received or is aware of a demand for notice of a probate or appointment proceeding concerning the Decedent ☐ has not received and is not aware of such a demand. If yes, identify it: [DETAILS] (§ 75-3-301(2)(e)).

Filing-time check (§ 75-3-107): ☐ This formal testacy proceeding is being commenced within three years after the Decedent's death. ☐ More than three years have passed, but this proceeding qualifies for the following exception in § 75-3-107(1): [IDENTIFY EXCEPTION AND FACTS]. The section permits a proceeding to probate a will previously probated at the Decedent's domicile outside that ordinary limit.

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): [__________________________].

Prior probate or pending application or petition concerning this Will, if any (court, place, date, case number, and status): [DETAILS OR NONE] (§ 75-3-301(4), incorporated by § 75-3-402(1)(b)).

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

c. ☐ The original Will is unavailable and no authenticated copy of a will probated elsewhere accompanies this Petition. Its contents are: [STATE CONTENTS OR ATTACH EXHIBIT]. It is ☐ lost ☐ destroyed ☐ otherwise unavailable: [DETAILS] (§ 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 under Utah Code § 75-2-504; attach its acknowledgment and witness affidavits. In a contested case, § 75-3-406(2) specifies the effect of that proof, subject to fraud or forgery evidence.
☐ The Will is not self-proved. If proof of execution is required, an attesting witness's affidavit or testimony may suffice in an uncontested case (§ 75-3-405); a contested case is governed by § 75-3-406(1).

f. Subscribing witnesses to the Will:

6. DEVISEES AND HEIRS AT LAW (FOR NOTICE)

The following lists the Decedent's spouse, children, heirs, and devisees and the ages of minors, so far as known or ascertainable with reasonable diligence (Utah Code § 75-3-301(2)(b)). Section 75-3-403 also requires notice to executors named in a will being or previously offered for probate, an unterminated personal representative, and anyone who demanded notice.

Surviving spouse and all children (including any not named in the Will):

Devisees / Legatees named in the Will:

Heirs at Law (intestate takers, for notice):

Other persons entitled to formal-hearing notice (including named executors, an existing personal representative, and demandants): [NAMES AND ADDRESSES OR NONE]

7. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

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

b. If the Will is admitted to probate, Petitioner, as its nominated personal representative, has first 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)).

Petitioner's mailing address and statutory priority for appointment: [ADDRESS]; [PRIORITY BASIS] (§ 75-3-301(4), incorporated by § 75-3-402(1)(b)).

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 none of the exceptions in § 75-3-603 applies.
☐ That the Court dispense with an otherwise required bond because it is unnecessary under § 75-3-603(2).
☐ That Petitioner furnish bond in the amount of $[________________] if required; estimated estate real and personal property value: $[________________]; expected income from that property during the next year: $[________________] (§§ 75-3-301(4), 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, confirm that the foregoing Petition is accurate and complete to the best of my knowledge and belief.

I declare under criminal penalty under the law of Utah that the foregoing is true and correct.

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

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE / NOTICE

For this formal hearing, § 75-3-403 requires notice to the persons listed in Section 6 and to any person who demanded notice. Under current § 75-1-401, the clerk posts the notice in three county public places for the 10 consecutive days before the hearing, including the courthouse. The clerk mails notice, or it is delivered personally, at least 10 days before the hearing. For unknown interested persons or persons whose addresses cannot be found with reasonable diligence, publish a class A notice for the county under § 63G-30-102 for at least 10 days before the hearing. The court may alter the method or timing for good cause; proof of notice must be filed by the hearing.

☐ Clerk's posting completed for the 10 consecutive days before the hearing, including posting at the courthouse (§ 75-1-401)
☐ Notice mailed or personally delivered to each required person at least 10 days before the hearing (§§ 75-3-403, 75-1-401)
☐ For persons requiring publication, class A notice was published for the county for at least 10 days before the hearing (§§ 75-1-401, 63G-30-102)
☐ Proof of notice filed on or before the hearing (§ 75-1-401(3))

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
☐ Original Will and Codicils, or details of prior court custody or electronic filing (§ 75-3-402(1)(c))
☐ Self-proving affidavit (§ 75-2-504) or proof of execution, if offered or required
☐ Certified copy of Death Certificate, if required by the court
☐ Acceptance of Appointment, if required by the court
☐ 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 §§ 75-3-401–403 (Formal Testacy Petition and Notice)
- Utah Code § 75-1-401 (Hearing Notice)
- Utah Code § 75-2-504 (Self-proved will)
- Utah Courts probate guidance (forum)