Effective 5/13/2014 75-3-301. Informal probate or appointment proceedings — Application — Contents. (1) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and complete to the best of the applicant’s knowledge and belief as to the appropriate information required under this section. (2) […]
75-3-302. Informal probate — Duty of registrar — Effect of informal probate. After receipt of an application requesting informal probate of a will, the registrar, upon making the findings required by Section 75-3-303 shall issue a written statement of informal probate if at least 10 days have elapsed since the date of the notice required […]
75-3-303. Informal probate — Proof and findings required. (1) In an informal proceeding for original probate of a will, the registrar shall determine whether: (a) the application is complete; (b) the applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and belief; (c) […]
75-3-304. Informal probate — Unavailable in certain cases. Applications for informal probate which relate to one or more of a known series of testamentary instruments (other than wills and codicils), the latest of which does not expressly revoke the earlier, shall be declined. Enacted by Chapter 150, 1975 General Session
75-3-305. Informal probate — Registrar not satisfied. If the registrar is not satisfied that a will is entitled to be probated in informal proceedings because of failure to meet the requirements of Sections 75-3-303 and 75-3-304 or any other reason, he may decline the application. A declination of informal probate is not an adjudication and […]
75-3-306. Informal probate — Notice requirements. (1) The moving party must give notice as described by Section 75-1-401 of his application for informal probate: (a) To any person demanding it pursuant to Section 75-3-204. (b) To any personal representative of the decedent whose appointment has not been terminated. (2) Upon receipt of an application for […]
75-3-307. Informal appointment proceedings — Delay in order — Duty of registrar — Effect of appointment. (1) After receipt of an application for informal appointment of a personal representative other than a special administrator as provided in Section 75-3-614, the registrar, after making the findings required by Section 75-3-308, shall appoint the applicant subject to […]
75-3-308. Informal appointment proceedings — Proof and findings required. (1) In informal appointment proceedings, the registrar shall determine whether: (a) the application for informal appointment of a personal representative is complete; (b) the applicant has made oath or affirmation that the statements contained in the application are true to the best of his knowledge and […]
75-3-309. Informal appointment proceedings — Registrar not satisfied. If the registrar is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of Sections 75-3-307 and 75-3-308, or for any other reason, he may decline the application. A declination of informal appointment is not […]
75-3-310. Informal appointment proceedings — Notice requirements. (1) The moving party must give notice as described by Section 75-1-401 of his intention to seek an appointment informally: (a) To any person demanding it pursuant to Section 75-3-204. (b) To any person having a prior or equal right to appointment not waived in writing and filed […]
75-3-311. Informal appointment unavailable in certain cases. If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the registrar shall decline the application. Enacted by Chapter 150, 1975 […]
