Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Utah law, a personal representative must file a final accounting in a probate case. Utah Code Ann. § 75-3-801 requires the representative to present a complete record of all receipts, disbursements, distributions, and the estate’s remaining assets. If you cannot meet the deadline, you must request more time from the court before the accounting is due.
Statutory Deadline
Utah Code Ann. § 75-3-801 mandates filing a final account “within a reasonable time” after estate administration nears completion. Courts often interpret this to mean within one year of appointment. Missing this deadline can delay estate closure and distributions.
Motion for Extension of Time
To seek extra time, file a Motion for Extension of Time to File Final Accounting in the probate court handling the estate. Your motion should include:
- A clear title (e.g., “Motion for Extension of Time to File Final Accounting”).
- A statement of the original accounting deadline and your reasons for needing more time (for instance, complex assets or pending tax issues).
- Citation to Utah Rule of Civil Procedure 6(b), which allows courts to grant extensions for good cause. See URCP 6(b).
- An affidavit or declaration verifying the facts supporting your request.
- A proposed order for the judge’s signature specifying the new due date.
Court Procedures
1. File the motion with the clerk of the probate court before the deadline.
2. Serve notice of the motion on all interested parties, including heirs, beneficiaries, and creditors.
3. Attend a hearing if the court schedules one. Be prepared to explain why you need extra time and how much additional time you seek.
4. Once the judge signs the order, comply with the new deadline.
Key References
- Utah Code Ann. § 75-3-801 (Final Accounting): le.utah.gov/xcode/Title75/Chapter3/75-3-801.html
- URCP 6(b) (Extensions of Time): utcourts.gov/rules/urcp/6/
Helpful Hints
- Start the motion early—courts favor timely requests over last-minute filings.
- Be specific about why more time is needed and propose a realistic new deadline.
- Check local probate court rules; some counties require additional forms or fee waivers.
- Keep all parties informed to avoid disputes or objections.
- Retain copies of filed documents and proof of service for your records.