75-3-601. Qualification. Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office. Enacted by Chapter 150, 1975 General Session
75-3-602. Acceptance of appointment — Consent to jurisdiction. By accepting appointment, a personal representative submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the personal representative, or mailed to him by ordinary first-class […]
Effective 5/12/2015 75-3-603. Bond not required — Exceptions. (1) No bond is required of a personal representative appointed in formal or informal proceedings, except: (a) upon the appointment of a special administrator without notice having been given; (b) when an executor or other personal representative is appointed to administer an estate under a will containing […]
75-3-604. Bond amount — Security — Procedure — Reduction. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the clerk indicating his best estimate of the value of the personal […]
75-3-605. Demand for bond by interested person. If bond is excused as provided in Section 75-3-603, any person apparently having an interest in the estate worth in excess of $5,000, or any unsecured creditors having a claim in excess of $5,000, may make a written demand that a personal representative give bond. The demand shall […]
75-3-606. Terms and conditions of bonds. (1) The following requirements and provisions apply to any bond required by this part: (a) Bonds shall name the state as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law. […]
75-3-607. Order restraining personal representative. (1) On petition of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of his office, or make any […]
75-3-608. Termination of appointment — General. Termination of appointment of a personal representative occurs as indicated in Sections 75-3-609 through 75-3-612. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at any time prior to distribution or until […]
75-3-609. Termination of appointment — Death or disability. The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased […]
75-3-610. Termination of appointment — Voluntary. (1) An appointment of a personal representative terminates as provided in Section 75-3-1003, one year after the filing of a closing statement. (2) An order closing an estate as provided in Section 75-3-1001 or 75-3-1002 terminates an appointment of a personal representative. (3) A personal representative may resign his […]
75-3-611. Termination of appointment by removal — Cause — Procedure. (1) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal […]
75-3-612. Termination of appointment — Change of testacy status. Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent […]
75-3-613. Successor personal representative. Part 3, Informal Probate and Appointment Proceedings, and Part 4, Formal Testacy and Appointment Proceedings, govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former […]
75-3-614. Special administrator — Appointment. (1) A special administrator may be appointed: (a) Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in Section 75-3-609; […]
75-3-615. Appointment of special administrators. (1) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the court shall prefer the appointment of the person named personal representative in the decedent’s last will if available and qualified. In appropriate […]
75-3-616. Special administrator — Appointed informally — Powers and duties. A special administrator appointed by the registrar in informal proceedings pursuant to Subsection 75-3-614(1)(a) has the duty to collect and manage the assets of the estate, to preserve them, to account therefor and to deliver them to the general personal representative upon his qualification. The […]
75-3-617. Special administrator — Formal proceedings — Power and duties. A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular […]
75-3-618. Termination of appointment — Special administrator. The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in Sections 75-3-608 through 75-3-611. Enacted by […]
