Detailed Answer
Discovering an old will after decades raises unique challenges under Utah law. You must confirm the will’s authenticity, file a petition, and provide notice. Below is a step-by-step guide.
1. Confirm the Will’s Authenticity
Utah requires a valid will to be in writing, signed by the testator, and witnessed by two individuals or be self-proved. A self-proved will carries an affidavit from the testator and witnesses. Utah Code § 75-2-502 explains attested and self-proved wills: le.utah.gov/xcode/Title75/Chapter2/75-2-S502.html.
2. Gather Proof if the Will Is Not Self-Proved
If the will lacks a self-proof affidavit, you must locate witnesses or prove handwriting. Under Utah Code § 75-3-305, you can offer testimony from two witnesses who recall the signing or present handwriting experts: le.utah.gov/xcode/Title75/Chapter3/75-3-S305.html.
3. File a Petition to Probate the Will
Submit a petition in the county where the decedent lived. Utah Code § 75-3-401 authorizes any interested person to file: le.utah.gov/xcode/Title75/Chapter3/75-3-S401.html. Include:
- The original will (or a certified copy).
- Death certificate of the decedent.
- List of heirs and beneficiaries.
- Proof of will execution (self-proof affidavit or witness statements).
4. Serve Notice to Interested Parties
Utah law mandates notice to heirs, beneficiaries, and creditors. Under Utah Code § 75-3-301, you must publish notice in a local newspaper and mail or hand-deliver to known parties: le.utah.gov/xcode/Title75/Chapter3/75-3-S301.html. This step allows objections within a statutory period.
5. Attend the Probate Hearing
The court schedules a hearing once notices go out. If no valid objections arise, the judge will admit the will. The court will then appoint a personal representative to administer the estate.
6. Administer the Estate
After probate, the personal representative gathers assets, pays debts and taxes, and distributes property according to the will. Follow the timelines in Utah Code Title 75, Chapter 3.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Locate the original will before filing; courts rarely accept photocopies without strong proof.
- Use certified mail to track notice delivery.
- Hire a probate attorney to navigate complex objections or lost will scenarios.
- Keep detailed records of all filings, notices, and communications.
- Check the statute of limitations for will contests under Utah Code § 75-2-803.