Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Before opening probate in Utah, you must locate and confirm the authenticity of the decedent’s original will and any codicils. You typically follow these steps:
- Search Personal Records
Review the decedent’s home, office, safe deposit boxes, or file cabinets. People often store wills in labeled folders, fireproof safes, or with other estate-planning documents. - Check with the Decedent’s Attorney or Bank
Contact the lawyer who drafted the will. Attorneys often keep original wills on file. If a bank safe deposit box contains the will, request access under Utah Code §75-2-501 (deposit of will). - Contact the District Court
Under Utah Code §75-2-501, custodians who hold an original will must file it with the district court in the decedent’s county of residence. Call or visit the clerk’s office to request a search for deposited wills or codicils. - Ask Family Members and Potential Executors
Notify close family, named executors, or other individuals listed in the will. They may have knowledge of the will’s location or hold the original document. - Use Substitute Proof When the Original Is Lost
If you cannot find the original will or codicil, you can present a certified copy or draft along with credible witness testimony under Utah Code §75-2-503 (proof of due execution) and Utah Code §75-2-506 (self-proved wills). A self-proving affidavit can streamline verification by eliminating live witness testimony.
Helpful Hints
- Create a clear checklist of potential storage locations as soon as you learn of the decedent’s passing.
- Bring photo identification and a copy of the death certificate when you search safe deposit boxes or court files.
- If you find multiple versions, compare dates and witness attestations to determine the most recent valid document.
- Hire a probate attorney or private investigator for complex estates or missing originals.
- Consider digitally scanning any located originals to preserve a backup for safe-keeping.