Utah § 75-3-102 Necessity of order of probate for will.

Utah Statutes

§ 75-3-102 — Necessity of order of probate for will.

Utah § 75-3-102

Title 75Utah Uniform Probate Code

Ch. 75-3Probate of Wills and Administration

Part 75-3-1General Provisions

This text of Utah § 75-3-102 (Necessity of order of probate for will.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 75-3-102 (2026).

Text

Except as provided in Section 75-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:

(1)no court proceeding concerning the succession or administration of the estate was commenced during the time period for testacy proceedings; and

(2)either the devisee or the devisee's successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period

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Except as provided in Section 75-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:
(1) no court proceeding concerning the succession or administration of the estate was commenced during the time period for testacy proceedings; and
(2) either the devisee or the devisee's successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.