Letters Testamentary in Utah

Letters are issued in the district court of the county where the decedent was domiciled (or, for a nonresident, where property was located). In informal probate, the applicant files an application for informal probate and appointment with the registrar; formal probate is by petition to the court. Informal probate or formal testacy proceedings generally must begin within three years after death. Priority goes to the person named in a probated will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and 45 days after death any creditor; a person under 21 may not serve. Before receiving letters, the personal representative files any required bond and a statement of acceptance; bond usually is not required unless the will requires it, an interested person asks, or the court orders it. The Utah courts' self-help pages describe the process and forms.

Priority for appointment as personal representative: the person named in a probated will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, and, 45 days after death, any creditor. A person under 21, or one the court finds unsuitable in formal proceedings, may not serve. The statute does not bar nonresidents, and a personal representative appointed in the decedent's home state has priority. No bond is required unless the will requires one, an interested person requests it before appointment, a special administrator is appointed without notice, or the court orders it; the court may also dispense with a bond.