Detailed Answer
Short overview: To apply for appointment as a personal representative (executor or administrator) and to take the oath in Utah, you typically must file a probate petition with the probate court in the county where the decedent lived. The petition package must include a certified death certificate, the original will (if one exists), a verified petition or application, information about heirs and beneficiaries, and any required bonds or waivers. The court will review the papers, confirm notice to interested parties, and—if all is in order—enter an order appointing the personal representative and direct the person to take the statutory oath. After the oath, the court issues letters testamentary or letters of administration that prove authority to act for the estate.
This answer explains the common documents and steps under Utah practice and points you to official Utah Court resources. This is educational only and not legal advice (see disclaimer at the end).
Where to file
File the probate petition in the Utah district court in the county where the decedent resided at death. Utah Courts provides probate how-to information and standard forms at: https://www.utcourts.gov/howto/probate/ and https://www.utcourts.gov/howto/probate/forms/.
Common documents required to apply for appointment and oath
- Petition for Probate / Application for Appointment: A signed, verified petition asking the court to admit the will (if any) and appoint you as personal representative, or to appoint an administrator if there is no will. Use the local district court probate forms if available.
- Original Will and Codicils (if any): Submit the original signed will and any codicils. If you cannot find the original, the court will need an explanation and may require additional proof before admitting a copy.
- Certified Death Certificate: A certified copy issued by the state or local registrar. Courts and financial institutions typically require an official certified death certificate, not just an obituary.
- Names and Addresses of Interested Persons: A list of heirs, beneficiaries, and any known creditors with current addresses. The petition often requires you to identify the spouse, children, heirs, and beneficiaries.
- Notice and Service Documents: Proof that required notice was given to beneficiaries and heirs, and any filed waivers or consents. Utah law requires notice to certain persons; the court will check service or signed waivers.
- Acceptance of Appointment and Oath Form: A signed document in which the appointed personal representative accepts the appointment and takes the statutory oath (promising to perform duties faithfully). The court may have a standard acceptance and oath form.
- Bond (if required): A personal representative’s bond (surety) when the will or the court requires it. The will may waive bond; otherwise the court may set bond and require evidence of a bond before issuing letters.
- Proof of Identity and Residence: Photo ID and proof of current address for the petitioner/personal representative may be requested at filing or at the hearing.
- Inventory or Asset Schedule (initial list): A preliminary list of known estate assets, or the court’s inventory form if required. Many courts require a formal inventory after appointment (check local rules).
- Small Estate Affidavit or Summary Procedure (if eligible): If the estate qualifies for summary administration under Utah law (small estate procedures), file the small estate affidavit or the abbreviated paperwork instead of full probate. See Utah Courts forms for details.
Typical court process and what the court issues
- File petition and supporting documents with the district court probate clerk.
- Provide notice to heirs, devisees, and creditors or obtain signed waivers/consents.
- The court reviews the petition and schedules a hearing if required.
- If the court appoints you, you sign/submit the acceptance and take the oath.
- After the oath and any bond is posted, the court issues letters testamentary (with a will) or letters of administration (without a will). These letters prove your authority to act for the estate and are what banks and other institutions generally require.
For statutory text and to confirm statutory requirements, consult Utah’s probate laws (Title 75—Probate). Utah’s legislative code is available online: https://le.utah.gov/xcode/Title75/. For practical court forms and county-specific filing instructions, visit the Utah Courts probate pages listed above.
Hypothetical example
Hypothetical: Jane Doe dies in Salt Lake County leaving a will that names her daughter Anna as executor. To be appointed and take the oath, Anna files a petition for probate, attaches the original will, files a certified death certificate, lists beneficiaries and heirs, provides proof of notice to interested persons (or collects signed waivers), completes the acceptance and oath form, and shows whether the will waives bond. After the court approves the petition and Anna takes the oath, the court issues letters testamentary so Anna can access accounts and settle the estate.
Helpful Hints
- Start by checking the Utah Courts probate how-to pages and download the local forms: https://www.utcourts.gov/howto/probate/.
- Obtain multiple certified copies of the death certificate early. Banks and agencies often require their own certified copy.
- Bring originals of the will and ID to the clerk and to any hearing. The original will is typically required for admission to probate.
- Collect contact information for all potential heirs and beneficiaries before filing to speed notice and service.
- If the will waives bond, file the waiver language or point it out in the petition. If bond is required, plan for the time/budget to obtain a surety bond.
- Consider using the small-estate or summary procedures if the estate qualifies—these save time and expense.
- Expect that some institutions (banks, brokerage firms) will still require additional documents and may request certified copies of the letters after appointment.
- Local courts may have county-specific requirements or local forms—call the probate clerk’s office to confirm filing fees, hearing schedules, and required attachments before filing.
- If parties disagree (contest a will or appointment), the process can take longer and may require court hearings and evidence; consider consulting a probate attorney for contested matters.
Where to get more information and official forms: Utah Courts probate how-to and forms: https://www.utcourts.gov/howto/probate/. Utah Code—Probate (Title 75): https://le.utah.gov/xcode/Title75/.
Disclaimer: This article explains general information about Utah probate procedures and common documents. It is educational only and not legal advice. Laws change and every case differs. For specific legal advice about a particular situation, consult a licensed Utah attorney or contact the probate clerk in the county where the decedent lived.