Section 401 – Notice — Method and time of giving.
Effective 7/1/2021 75-1-401. Notice — Method and time of giving. (1) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person’s […]
Section 402 – Notice — Waiver.
75-1-402. Notice — Waiver. A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. If there is no conflict of interest and no conservator or guardian has been appointed, a parent may waive notice for his minor […]
Section 403 – Pleadings — Notice.
75-1-403. Pleadings — Notice. In formal proceedings involving inter vivos or testamentary trusts, including proceedings to modify or terminate a trust, estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following apply: (1) Interests to be affected shall be described in pleadings which give reasonable information to owners by […]
Section 404 – Publication in newspapers.
75-1-404. Publication in newspapers. Newspapers shall publish all notices of proceedings under the code under the heading “Probate, Guardianship, Conservator and Trust Notices. Consult clerk of the court or the respective signers for further information.” These notices shall be published as often during the prescribed period as the paper is regularly issued, unless otherwise provided […]
Section 303 – Venue — Multiple proceedings — Transfer — Orders and hearings.
75-1-303. Venue — Multiple proceedings — Transfer — Orders and hearings. (1) Where a proceeding under this code could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (2) If proceedings concerning the same estate, protected person, ward, or […]
Section 304 – Practice in court.
75-1-304. Practice in court. Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under this code. Enacted by Chapter 150, 1975 General Session
Section 305 – Records and certified copies.
75-1-305. Records and certified copies. The clerk of the court shall keep a record for each decedent, ward, protected person, or trust involved in any document which may be filed with the court under this code, including petitions and applications, demands for notices or bonds, and of any orders or responses relating thereto by the […]
Section 306 – Jury trial.
75-1-306. Jury trial. (1) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a statutory or constitutional right to trial by jury. (2) If there is no right to trial by […]
Section 307 – Registrar.
75-1-307. Registrar. The registrar shall be a judge of the court. Enacted by Chapter 150, 1975 General Session
Section 308 – Appeals.
75-1-308. Appeals. Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to the appeals to the Supreme Court in equity cases from the court of […]