Utah § 75-3-406 Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses.

Utah Statutes

§ 75-3-406 — Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses.

Utah § 75-3-406

Title 75Utah Uniform Probate Code

Ch. 75-3Probate of Wills and Administration

Part 75-3-4Formal Testacy and Appointment Proceedings

This text of Utah § 75-3-406 (Formal testacy proceedings -- Contested cases -- Testimony of attesting witnesses.) 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. § 75-3-406 (2026).

Text

(1)If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent, and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.

(2)If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.

Free access — add to your briefcase to read the full text and ask questions with AI

(1) If evidence concerning execution of an attested will which is not self-proved is necessary in contested cases, the testimony of at least one of the attesting witnesses, if within the state, competent, and able to testify, is required. Due execution of an attested or unattested will may be proved by other evidence.
(2) If the will is self-proved, compliance with signature requirements for execution is conclusively presumed and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and affidavits annexed or attached thereto, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.