FAQ — Succession when a nominated personal representative declines under Utah law

Short answer: If the person your parent named to administer the estate refuses to serve, you can ask the probate court to appoint you as the personal representative (executor). The court will follow Utah’s probate rules and statutory priority to pick a successor if the nominated person properly renounces or is unavailable. You will usually need to file a petition with the probate court in the county where your parent lived, provide the will and death certificate, give notice to interested parties, and possibly attend a hearing. This article explains the common steps, typical priority rules, and practical tips to help you prepare.

This is general information only and not legal advice. Consult a licensed Utah attorney for advice about your situation.

Detailed answer — How appointment works and what to do

1. What happens first: renunciation or refusal

When a will names a person to act as the personal representative, that person may lawfully refuse. A named representative typically must either accept formally (by qualifying with the court) or formally renounce/decline. If the nominated person signs a written renunciation or otherwise lets the court know they will not serve, the court will treat the nomination as declined and proceed to appoint another qualified person under Utah’s probate procedures.

2. Who the court appoints next

Utah law follows statutory rules and practical probate practice for naming a successor when the nominated person will not serve. If the nominated representative renounces, the court will appoint a qualified person based on statutory priority and the best interests of the estate. That priority generally favors close heirs and persons with an interest in the estate (for example, the surviving spouse, adult children, other heirs). If no family member or interested person is available or suitable, the court may appoint another qualified person such as a creditor, an attorney, or the public fiduciary.

Because precise priority language and procedures come from the Utah probate code and local court rules, you should review the statutory provisions and local probate rules or ask the probate clerk or an attorney for the exact order the court will follow. Utah’s legislature website and the Utah Courts probate pages are good places to start:

• Utah Code — Title 75 (probate and related statutes)
• Utah Courts — Probate how-to and procedures

3. Steps to ask the court to appoint you

1. Obtain the original will and the death certificate. The original signed will and an official death certificate are required for filing a probate petition.
2. Confirm the nominated representative’s renunciation or refusal. If the named person signs a written renunciation and files it with the court (or it is submitted with your petition), the court will treat the nomination as declined. If they simply say they refuse but do not sign a renunciation, the court may still allow a successor appointment, but a written renunciation reduces delay and uncertainty.
3. File a petition for probate and appointment. In the county where the decedent lived, file a petition to open probate and to appoint a personal representative. Attach the will and the death certificate. Ask the clerk how to obtain and complete the local forms; many Utah courts provide packet forms for probate petitions.
4. Serve or give notice to interested persons. Utah law requires notice to heirs and other interested parties so they can object if appropriate. Follow the court’s instructions on who must be notified and how.
5. Attend any required hearing. If the court schedules a hearing, be prepared to explain why you seek appointment and to show you are qualified and willing to act.
6. Qualify and receive letters testamentary or letters of administration. After appointment you will complete forms to qualify (take any required oath, post bond if required) and then receive your official authority to act for the estate.

4. Practical considerations the court will review

• Your relationship to the decedent and whether you are a residuary beneficiary or heir.
• Whether you are qualified (e.g., age, not convicted of certain crimes, and mentally competent).
• Whether you are willing and able to serve (the court wants an executor who will manage the estate responsibly).
• Whether a bond is required and whether you can obtain one (the will can waive bond in many cases; otherwise the court may require it).

5. Common complications and how courts handle them

If multiple people ask to serve, the court will weigh statutory priority, the best interests of the estate, and any objections. If the nominated person’s refusal is contested or unclear, the court may need additional evidence (for example, a signed renunciation). If an interested person objects to your appointment, the court will resolve the dispute at a hearing.

Helpful hints

• Start at the probate clerk’s office in the county where your parent lived. Clerks provide local forms, filing fees, and basic process guidance.
• Ask the nominated person to sign a written renunciation and, if possible, file it with the court. A clear renunciation speeds the process.
• Gather documents before filing: original will, death certificate, asset list, creditor information, and a list of heirs and beneficiaries with contact information.
• If the estate is small (few assets and no real estate or debts), ask the clerk about simplified or small‑estate procedures that may avoid full probate.
• Consider getting a short consult with a Utah probate attorney if you expect disputes, complicated assets, or if you are unfamiliar with fiduciary duties; the attorney can prepare the petition and represent you at hearings.
• Keep clear records and separate estate funds from your personal funds once you receive authority to act—this protects you and the estate.
• If you cannot obtain a bond, ask whether the will waives the bond requirement; the court sometimes accepts a waiver or orders a lower bond for family appointees.

Where to look for forms and statute text

• Utah Code — Title 75 (probate) — statutory provisions governing probate, appointment, and duties.
• Utah Courts — Probate how-to — practical forms and court-specific instructions for opening probate and qualifying as a personal representative.

Final note: Probate practice combines statutory rules and local court procedures. Filing the right documents, getting clear renunciations, and following notice requirements will reduce delay. If you expect family disagreement, significant assets, or complex tax issues, speak with a Utah attorney experienced in probate to protect your interests and comply with fiduciary duties.

Disclaimer: This article is informational only and does not create an attorney-client relationship. It is not legal advice. For advice about your specific situation, consult a licensed attorney in Utah.