{"data":{"id":"us-ut/utah-code-75-3-401","jurisdiction":"us-ut","citation":"Utah Code § 75-3-401","heading":"Formal testacy proceedings -- Nature -- When commenced.","body":"(1) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in Subsection 75-3-402(1) in which he requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with Subsection 75-3-402(3) for an order that the decedent died intestate.\n(2) A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.\n(3) During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.\n(4) Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising his power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.","path":["Title 75 Utah Uniform Probate Code","Chapter 75-3 Probate of Wills and Administration","Part 75-3-4 Formal Testacy and Appointment Proceedings"],"source_url":"https://le.utah.gov/xcode/Title75/Chapter3/75-3-S401.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"5a94ea5fa14015f797acc16009ef425bc77651950bcfb66739fc1c22a37d5a5d","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75-3-311","next":"us-ut/utah-code-75-3-402"},"notice":"GroundRules: Original legal text. Not legal advice."}