Disclaimer
This article is for general information only and is not legal advice. Consult a qualified attorney about your specific situation.
Detailed Answer
When a loved one dies in Utah, locating and submitting the decedent’s original will or, if the original is unavailable, an official filed copy is one of the first steps in probate administration. Under Utah law, anyone holding the decedent’s will must deliver it to the proper court, and interested parties may request a filed copy if needed. The following guidance explains both processes.
1. Obtaining the Original Will
- Search common locations: Check the decedent’s home, safe deposit box, accountant’s or attorney’s files, and personal papers.
- Safe deposit box access: Under Utah Code §75-2a-203, a personal representative or successor may gain court-authorized access to a safe deposit box if the box contains the decedent’s last will.
- Attorney or bank: Contact the decedent’s attorney or the bank that holds the safe deposit box to inquire whether they hold the original document.
2. Depositing the Original Will with the Court
Utah Code §75-3-301 requires any person in possession of the decedent’s original will to deposit it with the district court in the county where probate is or will be opened. Key steps include:
- Filing a probate petition: Submit a petition for administration in the appropriate District Court. Find local courts at https://www.utcourts.gov/courts/.
- Within 10 days of notice: Utah Code §75-3-301 directs deposit of the will within 10 days after receiving formal notice of the decedent’s death or notice to deposit.
- Attach the original will: File it alongside your petition or deliver it in person to the court clerk’s office.
3. Requesting a Filed Copy of the Will
If the original is lost or destroyed, you can obtain a certified copy of the filed will from the court:
- Contact the District Court clerk in the county where probate was opened.
- Submit a request form: Many courts provide a Records Request or Public Records Request under Utah’s GRAMA (Utah Code §63G-2-101).
- Pay applicable fees: Fees are set under Utah Code §63J-1-504. Expect nominal charges for certified copies.
- Receive certified copy: The clerk will issue a certified copy that you may submit to open or continue probate.
4. Filing a Filed Copy with Your Probate Case
- If you received a filed copy, attach it to your probate petition or to any subsequent filing where the will is required.
- Clearly note in your filing that this is a certified copy of the will on record with the court.
- Keep proof of submission: Request a file-stamped copy or receipt from the court clerk.
Helpful Hints
- Act quickly: Prompt filing prevents delays in appointing a personal representative.
- Keep multiple certified copies: You may need them for banks, title companies, or government agencies.
- Document your efforts: Keep a log of searches, contacts, and court communications.
- Verify court requirements: Some counties may have additional local rules on probate filings.
- Consult an attorney: A probate attorney can guide you through complex estate issues.