Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Utah attorney.
Detailed Answer
Under Utah law, the probate court appoints an estate administrator based on a statutory priority list in Utah Code §75-3-201. The order of priority generally is:
- Surviving spouse
- Children of the decedent
- Parents
- Siblings
- Other next of kin
When a higher-priority heir exists but is unwilling or unable to serve, a lower-priority party—like your client—may petition for appointment by showing one of the following under Utah Code §75-3-207:
- The higher-priority heir has declined in writing or failed to timely file a petition.
- The heir is under legal incapacity or a minor without a guardian qualified to serve.
- The heir is a non-resident who cannot file the required bond, or resides outside Utah and fails to appoint a resident agent.
- The heir is disqualified due to felony conviction or conflict of interest.
- The heir is insolvent, insolvent-proof, or otherwise unable to post bond.
To proceed, your client should follow these steps:
1. File a Petition
Complete and file a petition for appointment of an administrator in the district court where the decedent lived. Cite the disqualification or refusal of the higher-priority heir per Utah Code §75-3-207.
2. Serve Notice on All Heirs
Provide written notice to all entitled heirs and interested parties at least 14 days before the hearing, as required by Utah Code §75-1-104.
3. Obtain Waivers or Declinations
If the higher-priority heir signs a written declination or waiver, attach it to the petition. A formal declination undercuts any objection and speeds approval.
4. Demonstrate Bond Compliance
Ensure your client can post the bond required by Utah Code §75-2-401. If the higher-priority heir cannot post bond due to non-residency or insolvency, include proof.
5. Attend the Hearing
Appear at the court hearing with your client’s petition, waivers, and evidence of disqualification or declination. The judge will consider whether the higher-priority heir has valid grounds to be bypassed.
Hypothetical Example
Imagine decedent Jane Doe’s surviving child lives abroad and refused to sign any forms. Jane’s sibling (your client) files a petition, attaches the child’s written declination, shows the child is a non-resident who cannot post bond, and provides notice to all heirs. At the hearing, the court appoints the sibling because the higher-priority heir is unwilling and unable to serve.
Helpful Hints
- Review Utah Code §75-3-201 for the full priority list.
- Use clear, dated declination or waiver forms from higher-priority heirs.
- Confirm bond requirements under Utah Code §75-2-401 before filing.
- Document any incapacity or felony convictions affecting heir eligibility.
- Consider hiring a local attorney to navigate procedural rules and deadlines.