How to review and correct probate filings in a Utah estate

Disclaimer: This article is for general information only and is not legal advice. It explains common steps and Utah law resources to help you decide whether to speak with a licensed Utah attorney about your situation.

Detailed answer — step‑by‑step guide

When you believe a probate file for your father’s estate is missing filings or contains mistakes, act promptly and methodically. Below are practical steps to review the file, identify problems, and pursue corrections under Utah law.

1. Identify the probate case and get the file

   Locate the probate court case number. If you don’t know it, contact the clerk at the district court in the county where your father lived. Many Utah courts publish basic case information and forms at the Utah Courts website (https://www.utcourts.gov/howto/probate/).

   Ask the clerk for the case docket and a copy of the file (often called the “court file” or “court records”). You can usually review the file in person. Request copies of any documents you cannot access online, such as petitions, the order appointing the personal representative, letters testamentary/administration, inventories, accountings, and creditor claims.

2. Understand what should be in the file

   Common probate filings include:

   • Petition for probate or administration
   • Order admitting the will (if any) and appointment of the personal representative
   • Letters testamentary or letters of administration
   • Notices to heirs and creditors
   • Inventories of estate assets
   • Accountings and proposed distributions
   • Claims by creditors and orders resolving claims
   • Final decree/closing documents

   Utah’s probate statutes and procedures are organized under Utah Code Title 75 (the Utah Probate/Estates provisions) and the Utah Courts’ probate information pages. See Utah Code Title 75: https://le.utah.gov/xcode/Title75/75.html and Utah Courts probate resources: https://www.utcourts.gov/howto/probate/.

3. Compare the file to what you expect

   Create a checklist (based on the list above) and mark absent or incorrect items. Typical problems include:

   • No inventory filed or an incomplete inventory
   • No accounting of estate receipts and disbursements
   • Wrong beneficiaries or omitted heirs listed
   • Missing notices to interested persons or creditors
   • Errors in dates, signatures, or asset values

4. Communicate with the personal representative and their attorney

   Before asking the court to act, contact the personal representative (or their lawyer) in writing. Explain the specific missing or incorrect filings and request correction or supplementation. Often problems are clerical or the representative can promptly file the missing documents.

5. If the representative does not correct the problem, ask the court to enforce reporting duties

   Personal representatives have a fiduciary duty to inventory assets and provide accountings. If the rep refuses or ignores requests, you can file a written request (or motion) with the probate court asking for an order compelling the inventory or accounting. Common court actions include:

   • Motion to compel an inventory or accounting
   • Motion for an order to show cause why the representative should not be sanctioned or removed
   • Petition to remove a personal representative for failure to perform duties

   Procedures and available relief follow the Utah probate rules and the statutory duties found in Utah Code Title 75. The court sets hearings and can order production of records, require an accounting, change appointment, or impose sanctions.

6. Seek correction of clerical errors or omissions

   If a filed document contains a clerical mistake (wrong date, typo, omitted page), you can ask the court to accept an amended or corrected filing. Often the personal representative files an amendment. If the rep will not correct it, you may file a motion asking the court to permit or order the correction.

7. Consider reopening the estate or filing a surcharge action

   If the estate was closed and you discover previously unreported assets or fraud, you can ask the court to reopen probate. The court can reopen to permit administration of newly discovered assets or to correct serious accounting failures. If a representative mismanaged assets, the court can order a surcharge (monetary recovery) or other remedies.

8. Gather evidence and prepare to show harm

   To persuade the court you should collect documents showing the problem: bank statements, property records, communications, and copies of the probate filings. Courts act faster when interested persons can show specific omissions or losses.

9. Get legal help when needed

   If the matter involves suspected fraud, complex accounting, large assets, or a contested removal, consult a Utah probate attorney. An attorney can prepare formal motions and represent you at hearings. Utah Courts provides resources and local self‑help information here: https://www.utcourts.gov/howto/probate/.

What you can expect from the court

Utah probate courts have authority to:

• Order an inventory and accounting.
• Require production of documents and records.
• Remove or replace a personal representative for breach of duty.
• Reopen a closed estate in appropriate circumstances.

These powers flow from the Utah probate statutes and the court’s supervisory role. See Utah Code Title 75 for governing provisions: https://le.utah.gov/xcode/Title75/75.html.

Timing and deadlines

Act quickly. Some actions, such as creditor claim periods, have strict deadlines. Other remedies (like reopening a closed estate) may be time sensitive depending on the facts. If you are unsure about deadlines, consult the Utah Courts pages or an attorney promptly.

Helpful hints

• Start at the courthouse: get the full case file and docket from the clerk.
• Document all communications in writing and keep copies of emails and letters.
• Make a short, dated list of each missing or incorrect item and why it matters to heirs or creditors.
• Ask the personal representative for an updated inventory and accounting in writing before filing motions.
• Use Utah Courts’ online resources and forms to learn procedure: https://www.utcourts.gov/howto/probate/.
• When filing a motion, follow local court rules for format and service; clerks can often explain filing requirements.
• If the estate is small and issues are minor, a meeting with the representative and written agreement can be faster and cheaper than court action.
• If you suspect theft, fraud, or serious mismanagement, consult an attorney quickly — criminal and civil remedies differ and may have short deadlines.

Where to get more information in Utah

• Utah Courts — probate how‑to and forms: https://www.utcourts.gov/howto/probate/
• Utah Code, Title 75 (probate/estates): https://le.utah.gov/xcode/Title75/75.html
• Local county district court clerk — for the probate case file and docket (contact your county courthouse).

If you want, tell me which county the probate case is in (or the case number) and I can suggest the exact court contact, likely forms, and a short checklist tailored to your situation.