Detailed Answer
In Utah, you must file a decedent’s estate in the correct county court. Venue rules help you pick where to open or transfer probate. You find them in the Utah Uniform Probate Code and Utah Rules of Civil Procedure.
1. Opening a Decedent’s Estate
Under Utah Code § 75-2-202, you open an estate in the county where the decedent was domiciled at death. “Domicile” means the decedent’s permanent home. If the decedent had no Utah residence, venue lies in the county where the decedent owned real property at death. Personal property alone does not create venue outside the domicile county.
2. Transferring an Estate to a Different County
If you filed in the wrong county, you can ask the court to transfer venue. Under Utah Code § 78A-2-207, file a motion supported by facts showing the proper county (for example, where the decedent lived or held property). The court must grant a transfer if it meets statutory requirements and serves the estate’s administration.
3. Example Scenarios
- Utah Resident: Sarah Doe lived and died in Davis County. You open her estate in Davis County District Court because her domicile was in Davis County.
- Nonresident with Utah Property: John Smith moved to Colorado but owned a townhouse in Salt Lake County. Open an estate in Salt Lake County District Court because of his Utah real property.
- Change of Venue: Mary Jones died domiciled in Utah County, but someone mistakenly filed in Weber County. File a motion under Utah Code § 78A-2-207 to transfer to Utah County.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Helpful Hints
- Determine the decedent’s domicile by reviewing driver’s license, tax returns, and voter registration.
- Check property records to identify county location of real estate.
- Consult the district court clerk in the target county for filing requirements and fees.
- File any venue-transfer motion early to avoid delays in estate administration.
- Keep copies of all filings and orders in your case file.