Short answer

If beneficiaries dispute how estate funds should be divided, the personal representative (executor/administrator) should not make contested distributions without a court order or written, informed releases from the parties. Common, safe options in Utah include filing a petition with the probate court for instructions or for an interim distribution of undisputed amounts, asking the court to allow a deposit of disputed funds into the court’s registry, or seeking court approval of a settlement agreement or proposed distribution plan. The probate court can then resolve the dispute or authorize a specific release so the personal representative avoids personal liability.

How Utah law frames the problem

Utah’s probate system gives the personal representative duties to collect estate assets, pay debts and taxes, and distribute the estate under the will or by intestacy rules. When beneficiaries disagree about who gets what, the personal representative faces potential liability if they distribute funds incorrectly. The probate court has authority to resolve disputes, give instructions to the personal representative, and accept deposits of contested money. For an overview of Utah’s probate rules, see the Utah Legislature’s probate code pages: Utah Code — Title 75 (Probate), and general probate help from the Utah courts: Utah Courts — Estates & Probate Help.

Step-by-step process to get court approval or otherwise protect estate funds

1. Identify what’s disputed and what is undisputed.

   Separate the funds that all parties agree belong to specific beneficiaries from funds that are claimed by multiple people or are tied to a will contest, ambiguous terms, or creditor claims.

2. Gather documents and prepare an accounting.

   Prepare the estate inventory, bank statements, receipts for paid debts and expenses, copies of the will (if any), beneficiary contact information, and any communications showing the dispute. Courts expect the personal representative to show a clear accounting when requesting instructions or permission to distribute funds.

3. Try to get written agreements from the interested persons.

   If all interested persons sign a written release or distribution agreement that clearly waives claims, the personal representative can often distribute according to that agreement and then file the agreement with the court. Make sure the release is explicit and, if possible, reviewed by counsel for the parties.

4. If parties won’t agree, file a petition for instructions or an interim distribution.

   Ask the probate court to instruct you how to proceed or to authorize distribution of undisputed portions. In Utah, the probate court can decide contested distribution questions and grant the personal representative safe harbor from liability if the court orders the distribution. See the Utah probate code for the court’s powers: Utah Code — Title 75.

5. Consider asking to deposit disputed funds with the court (registry) until the dispute resolves.

   Depositing funds in the court’s registry protects the personal representative from later claims. The court may accept a motion to deposit funds and then resolve competing claims through a hearing, settlement, or further pleadings.

6. Consider mediation or settlement negotiations.

   Court-ordered or private mediation can be faster and cheaper than litigation and often leads to a court-approved settlement. If you reach a settlement, submit it with a petition for approval so the court can enter an order and release the personal representative from liability.

7. Prepare the petition carefully and give required notice.

   When you file a petition for instructions, an interim distribution, or deposit in the registry, include a proposed order, the accounting, declarations or affidavits, and proof that you gave notice to all interested persons. Courts require notice so beneficiaries and creditors can be heard. The probate clerk or local rules can tell you the required form of notice and the list of persons who must receive it. See Utah Courts probate information: https://www.utcourts.gov/howto/estates/.

8. Attend the hearing and follow the court’s order.

   The judge can authorize distribution, require funds to stay on deposit, order a temporary freeze, increase the personal representative’s bond, or resolve the dispute by decree. Follow the court’s order carefully and keep records of distribution.

What a petition or motion should commonly include

• Case caption and probate case number (if already opened).
• A clear statement of the facts: who the decedent was, who the personal representative is, what assets are at issue, and the nature of the dispute.
• An accounting of the funds you propose to distribute or deposit.
• A proposed order for the judge to sign (authorizing distribution, allowing deposit in the court registry, or directing other relief).
• Proof of service/notice to all interested persons and creditors.
• Any proposed settlement or releases signed by parties (if applicable).

How courts generally decide competing claims

Courts weigh the probate documents (the will, codicils), applicable intestacy rules, evidence about the decedent’s intent, priority of creditor claims, and statutory duties of the personal representative. The judge may order distribution consistent with the will or intestacy, approve a compromise, or order further proceedings (for example, a will contest). The court’s goal is to make a legally correct and equitable allocation while protecting the personal representative from future liability.

Practical tips and helpful hints

• Do not distribute disputed funds to one party just to avoid pressure—doing so can expose the personal representative to liability from other claimants.
• Keep detailed records of everything you do: inventories, notices, communications, and receipts.
• If possible, segregate disputed funds in a separate estate account so you can clearly account for what’s at issue.
• Ask the court to accept a deposit of disputed funds into the registry if you want immediate protection from liability.
• Use mediation or settlement to resolve disputes quickly and obtain a court-approved consent order when possible.
• If the dispute involves alleged fraud or undue influence, preserve evidence and consult an attorney promptly; those claims can change priorities and outcomes.
• Contact the probate clerk for local forms and filing procedures; Utah probate clerks can explain local rules and notice requirements: https://www.utcourts.gov/howto/estates/.