Detailed Answer

This answer explains how a sister can be appointed the personal representative (sometimes called an executor or administrator) of a decedent’s estate in Utah. It assumes you have no prior legal knowledge. This is general information only and not legal advice.

What a personal representative does

The personal representative gathers the decedent’s assets, pays debts and taxes, and distributes remaining property to the heirs or beneficiaries under the will or Utah law. The court supervises the representative’s actions through the probate process.

Can you be appointed?

Yes — a sister can be appointed as personal representative, but appointment depends on a few factors:

• If there is a valid will: the will often names a person the testator chose to serve. The court usually appoints the person named in the will unless the person is ineligible or the court has good reason not to appoint them. If the will names you, you are presumptively entitled to serve.
• If there is no will (intestate): Utah law establishes an order of priority among family members for appointment. If you are the highest-priority person willing and able to serve, the court may appoint you. See Utah’s rules on appointment priority: Utah Code §75-3-201. (Court site: https://le.utah.gov/xcode/Title75/Chapter3/75-3-201.html)
• If the nominated or higher-priority person cannot or will not serve: the court considers the next person in the priority list. A sister frequently is in the priority line (after spouse, children, parents, depending on the decedent’s family).

Eligibility and grounds that can prevent appointment

To serve, you generally must be an adult and mentally competent. The court can deny appointment if the person is unfit, has been convicted of certain crimes, or has conflicts that make administration improper. Utah’s probate code lists qualifications and disqualifications for appointment; see Utah Code §75-3-203 for more detail: https://le.utah.gov/xcode/Title75/Chapter3/75-3-203.html

How appointment usually happens in Utah

1. Someone files a petition for probate/appointment of a personal representative in the county probate court where the decedent lived.
2. The court gives notice to interested persons (heirs and beneficiaries) and may set a hearing.
3. The court reviews whether the petitioner is entitled to appointment (named in the will or next in priority) and whether any objections exist.
4. If the court appoints you, it issues Letters of Administration or Letters Testamentary, which give you authority to act on behalf of the estate.

Utah Courts has an overview of probate and the forms and procedures involved: https://www.utcourts.gov/howto/probate/

Practical examples

Example 1 — There is a will naming you: If your sister left a valid will that names you as personal representative, file the will and a petition with the probate court. The court usually issues letters to the person named in the will unless there is a problem with your appointment.

Example 2 — No will and multiple interested family members: If your sister died intestate (no will), the surviving spouse (if any) or children typically have priority. If no spouse or children exist, the court may consider parents, then siblings. If you are the highest-priority willing person, the court can appoint you.

What to prepare if you want to serve

• Obtain several certified copies of the death certificate.
• Locate the original will (if any) and any estate planning documents.
• Prepare a list of known assets and debts and the names and addresses of likely heirs and beneficiaries.
• Be ready to file a probate petition in the county where the decedent lived and to provide notice to interested persons.

Where to get help

If the estate is simple, you may be able to handle administration yourself with the court’s guidance. If the estate is complex, contested, or if you expect creditor or tax issues, consider consulting a probate attorney. For Utah-specific procedures and forms, start at the Utah Courts probate information page: https://www.utcourts.gov/howto/probate/

Helpful Hints

• Check whether the will names a personal representative before assuming you can be appointed.
• Ask the court clerk for probate checklists and local forms — Utah Courts provides step-by-step guidance online.
• Tell potential heirs and beneficiaries your intention to serve; early communication reduces surprises and objections.
• Keep detailed records of all estate transactions, bank statements, and communications — the court will expect accounting.
• Understand that serving can take months (or longer) depending on assets, taxes, and whether disputes arise.
• If you are also a beneficiary, disclose that fact to the court; being a beneficiary does not automatically disqualify you but does create duties to act impartially.
• If the estate is small, ask the court about simplified procedures or small-estate alternatives that may avoid full probate.
• When in doubt, consult a Utah probate attorney for advice tailored to your situation.

Disclaimer: This content is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about applying Utah law to your specific situation, contact a licensed attorney in Utah or the county probate court.