Detailed Answer
Short answer: Under Utah probate law, beneficiaries and heirs who did not receive required notice may still be able to challenge a final accounting. You should act quickly: check the court file, confirm whether required notice was given, and, if it was not, file an objection or a petition to reopen or set aside the accounting. Utah’s probate statutes and the Utah Courts’ probate procedures describe the notice and objection rules that control timing and available remedies. See Utah Code Title 75 (Probate, Trusts, and Fiduciaries) and Utah Courts probate resources for forms and filing procedures.
What matters first: Was notice legally required and did the court order it?
Utah law requires the personal representative (executor or administrator) to give notice to certain people—usually beneficiaries and heirs—at various stages of estate administration (for example, when the estate is opened and when accountings or distributions are proposed). Whether formal notice was required depends on how the estate is being administered (formal probate, informal probate, or summary procedures) and what the court ordered. If the personal representative failed to provide required notice, orders entered in the estate (including approval of a final accounting) can often be challenged or reopened.
Authoritative sources: Utah Code Title 75 (Probate, Trusts, and Fiduciaries): https://le.utah.gov/xcode/Title75/75.html and Utah Courts probate guidance: https://www.utcourts.gov/howto/probate/.
Step-by-step practical plan
- Get the court file and read the docket and filings. Contact the probate clerk at the county where the estate was opened and request a copy of the file, docket entries, and the final accounting. Many courts allow online docket access. The file will show whether a Notice was filed and how it was served.
- Identify whether you are an interested person. An “interested person” generally includes heirs, beneficiaries named in the will, creditors, and sometimes certain contingent beneficiaries. If you are an interested person you typically have standing to object to an accounting. Utah Code Title 75 defines interested persons—see the probate code link above.
- Check deadlines for objecting. There are statutory and court-set deadlines to object to accountings and to petitions for distribution. If you didn’t receive notice, the deadline may not have run against you or the court may allow relief because of defective notice. Even so, move promptly to preserve rights.
- File a formal objection or a petition to reopen or set aside the accounting. Typical pleadings include an objection to the account, a petition to reopen administration, a motion to set aside the order approving the accounting, and/or a petition for relief for lack of notice. Ask the court clerk what form your local court prefers, and file a proposed order if required.
- Ask for temporary relief if distributions are imminent. If the estate assets are about to be distributed, and you risk losing property or rights, request a temporary restraining order or temporary injunction to stop distribution until the notice or accounting dispute is resolved.
- Request discovery and documentation. Ask the court to compel the personal representative to produce a full accounting, bank records, receipts, and a list of distributions. If notice was defective, you still have the right to see what was done with estate assets.
- Consider removal or surcharge if mismanagement is suspected. If the accounting shows negligence, self-dealing, or disallowed transactions, you can petition to remove the personal representative and seek surcharge (monetary recovery) for losses to the estate.
- Preserve evidence of lack of notice. Save mail, email, phone logs, and affidavits that show you did not receive the notice. If someone else claimed to accept service on your behalf, collect declarations saying you did not authorize that.
- Talk to a probate attorney right away. Time limits, local rules, and the best procedural vehicle to reopen an estate vary by county and by the type of probate used. An attorney experienced in Utah probate practice can file the correct pleadings and meet court deadlines.
Common legal avenues under Utah law
- Object to the accounting. If you find the accounting in the court file and it was approved without your knowledge, file a written objection asking the court to set aside its approval and schedule a hearing.
- Petition to reopen or set aside the order for lack of notice. Courts can reopen final orders when a procedural defect deprived an interested person of notice. The court will consider whether the lack of notice prejudiced you and whether equitable relief is appropriate.
- Request an audit or review. Ask the court to order a detailed accounting, forensic accounting, or discovery to examine financial records if assets appear misapplied.
- Move to remove the personal representative. If the representative breached duties or committed misconduct, you can petition for removal and for a replacement representative to complete administration.
- Seek surcharge or restitution. If the personal representative improperly took estate property, the court can order repayment plus interest and costs.
Timing and deadlines — act quickly
Probate matters are time-sensitive. Many objections must be filed within a short window after notice is served. If you never received notice, courts may allow relief, but you should move quickly. Contact the probate clerk immediately to learn whether deadlines are still open and to obtain the court’s scheduling rules and local forms.
Questions to ask when you speak with the court or an attorney
- Was a Notice of Probate or Notice of Account served? How and when was it served?
- What is the court’s deadline for objections to the final accounting?
- Are there local forms for objecting or for reopening an estate?
- Is there money or property already distributed that could be recovered?
- What are the likely remedies if notice was not properly given?
Where to find Utah-specific forms and rules
Utah Courts provides probate information, self-help materials, and many local forms at: https://www.utcourts.gov/howto/probate/.
For the statutory framework that governs notice, accountings, and personal representative duties, see Utah Code Title 75 (Probate, Trusts, and Fiduciaries): https://le.utah.gov/xcode/Title75/75.html.
Helpful Hints
- Contact the probate clerk before you file—clerks can tell you whether notice was filed and what forms to use.
- Make all requests in writing and keep copies of everything you file or receive from the court or personal representative.
- If distributions are pending, ask the court for temporary relief to prevent dissipating estate assets.
- Collect proof you did not receive notice: affidavits, delivery records, or email headers.
- Act fast—probate deadlines can be short and courts are strict about procedure.
- Even if you cannot afford a lawyer, some Utah counties have self-help centers and the Utah Courts website has guidance for pro se litigants: https://www.utcourts.gov/howto/probate/.