75-1-301. Territorial application. Except as otherwise provided in this code, this code applies to: (1) The affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state; (2) The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the […]
75-1-302. Subject matter jurisdiction. (1) To the full extent permitted by the Constitution of Utah, the court has jurisdiction over all subject matter relating to: (a) estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; (b) protection of minors and incapacitated persons; and (c) […]
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 […]
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
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 […]
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 […]
75-1-307. Registrar. The registrar shall be a judge of the court. Enacted by Chapter 150, 1975 General Session
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 […]
75-1-309. Oath or affirmation on filed documents. Except as otherwise specifically provided in this code or by rule, every document filed with the court under this code, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as […]
75-1-310. Costs — In discretion of court. When not otherwise prescribed in this code, the court, or the Supreme Court on appeal from the court, may, in its discretion, order costs to be paid by any party to the proceedings or out of the assets of the estate as justice may require. Enacted by Chapter […]
75-1-311. Consent to jurisdiction. By submitting an application for informal probate or appointment or a petition for formal probate, adjudication of intestacy, or appointment the applicant or petitioner subjects himself to the jurisdiction of the court in all matters arising under this code. Notice of any proceeding sought to be maintained against the applicant or […]
75-1-312. Alternative resolution of disputes. (1) A will, trust, or power of attorney may include a provision, enforceable by a court, that requires the resolution of disputes between or among beneficiaries and fiduciaries of the will, trust, or power of attorney, or any combination of those persons or entities, outside of a court of record. […]
