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Section 62-3-101. Devolution of estate at death; restrictions. - The power of a person to leave property by will...
Section 62-3-102. Necessity of order of probate for will. - Except as provided in Section 62-3-1201 and except as to...
Section 62-3-103. Necessity of appointment for administration. - Except as otherwise provided in this article [Sections 62-3-101 et...
Section 62-3-104. Claims against decedent; necessity of administration. - No claim may be filed against the estate of a...
Section 62-3-105. Proceedings affecting devolution and administration; jurisdiction of subject matter. - Persons interested in decedents' estates may apply to the court...
Section 62-3-106. Proceedings within the jurisdiction of court; service; jurisdiction over persons. - In proceedings within the jurisdiction of the court where notice...
Section 62-3-107. Scope of proceedings; proceedings independent; exception. - Unless administration under Part 5 [Sections 62-3-501 et seq.] is...
Section 62-3-108. Probate, testacy, and appointment proceedings; ultimate time limit. - (A)(1) No informal probate or appointment proceeding or formal testacy...
Section 62-3-109. Statute of limitations on decedent's cause of action. - The running of any statute of limitations on a cause...
Section 62-3-201. Venue for first and subsequent estate proceedings; location of property. - (a) Venue for the first informal or formal testacy or...
Section 62-3-202. Appointment or testacy proceedings; conflicting claim of domicile in another state. - If conflicting claims as to the domicile of a decedent...
Section 62-3-203. Priority among persons seeking appointment as personal representative. - (a) Whether the proceedings are formal or informal, persons who...
Section 62-3-204. Demand for notice of order or filing concerning decedent's estate. - Any interested person desiring notice of any order or filing...
Section 62-3-301. Applications for informal probate or appointment; contents. - (a) Applications for informal probate or informal appointment shall be...
Section 62-3-302. Informal probate; duty of court; effect of informal probate. - Upon receipt of an application requesting informal probate of a...
Section 62-3-303. Informal probate; proof and findings required. - (a) In an informal proceeding for original probate of a...
Section 62-3-304. Informal probate unavailable in certain cases. - Applications for informal probate which relate to one or more...
Section 62-3-305. Informal probate; court not satisfied. - If the court is not satisfied that a will is...
Section 62-3-306. Notice requirements. - (a) The moving party must give notice as described by...
Section 62-3-307. Informal appointment proceedings; delay in order; duty of court; effect of appointment. - (a) Upon receipt of an application for informal appointment of...
Section 62-3-308. Informal appointment proceedings; proof and findings required. - (a) In informal appointment proceedings, the court must determine whether:...
Section 62-3-309. Informal appointment proceedings; court not satisfied. - If the court is not satisfied that a requested informal...
Section 62-3-310. Informal appointment proceedings; notice requirements. - The applicant must give notice of his intention to seek...
Section 62-3-311. Informal appointment unavailable in certain cases. - If an application for informal appointment indicates the existence of...
Section 62-3-401. Formal testacy proceedings; nature; when commenced. - A formal testacy proceeding is litigation to determine whether a...
Section 62-3-402. Formal testacy or appointment proceedings; petition; contents. - (a) Petitions for formal probate of a will, or for...
Section 62-3-403. Notice of hearing on petition. - (a) Upon commencement of a formal testacy proceeding or at...
Section 62-3-404. Written objections to probate. - Any party to a formal proceeding who opposes the probate...
Section 62-3-405. Uncontested cases; hearings and proof. - If a petition in a testacy proceeding is unopposed, the...
Section 62-3-406. Testimony of attesting witnesses. - In a contested case in which the proper execution of...
Section 62-3-407. Burdens in contested cases. - In contested cases, petitioners who seek to establish intestacy have...
Section 62-3-408. Effect of final order in another jurisdiction. - A final order of a court of another state determining...
Section 62-3-409. Order; foreign will. - Upon proof of service of the summons and petition, and...
Section 62-3-410. Probate of more than one instrument. - (A) If two or more instruments are offered for probate...
Section 62-3-411. Partial intestacy. - If it becomes evident in the course of a formal...
Section 62-3-412. Effect of order; vacation. - Subject to appeal and subject to vacation as provided herein...
Section 62-3-413. Vacation of order for other cause. - For good cause shown, an order in a formal testacy...
Section 62-3-414. Formal proceedings concerning appointment of personal representative. - (a) A formal proceeding for adjudication regarding the priority or...
Section 62-3-501. Nature of proceeding. - Administration under Part 5 [Sections 62-3-501 et seq.] is a...
Section 62-3-502. Petition; order. - A petition for administration under Part 5 [Sections 62-3-501 et...
Section 62-3-503. Effect on other proceedings. - (a) The pendency of a proceeding for administration under Part...
Section 62-3-504. Powers of personal representative. - Unless restricted by the court, a personal representative under Part...
Section 62-3-505. Interim orders; distribution and closing orders. - Unless otherwise ordered by the court, administration under Part 5...
Section 62-3-601. Qualification. - Prior to receiving letters, a personal representative shall qualify by...
Section 62-3-602. Acceptance of appointment; consent to jurisdiction. - By accepting appointment, a personal representative submits personally to the...
Section 62-3-603. Bond not required without court order; exceptions; waiver of bond requirement. - (A) Except as may be required pursuant to Section 62-3-605...
Section 62-3-604. Bond amount; security; procedure; reduction. - If bond is required and the provisions of the will...
Section 62-3-605. Demand for bond by interested person. - Any person apparently having an interest in the estate worth...
Section 62-3-606. Terms and conditions of bonds. - (a) The following requirements and provisions apply to any bond...
Section 62-3-607. Order restraining personal representative. - (a) Upon application of any interested person, the court by...
Section 62-3-608. Termination of appointment. - Termination of appointment of a personal representative occurs as indicated...
Section 62-3-609. Death or disability terminates appointment. - The death of a personal representative or the appointment of...
Section 62-3-610. Order closing estate terminates appointment. - (a) Unless otherwise provided, an order closing an estate as...
Section 62-3-611. Petition for removal; cause; procedure. - (a) A person interested in the estate may petition for...
Section 62-3-612. Change of testacy status. - Except as otherwise ordered in formal proceedings, the probate of...
Section 62-3-613. Successor personal representative. - Parts 3 and 4 of this article [Sections 62-3-301 et...
Section 62-3-614. Special administrator; appointment. - A special administrator may be appointed: (1) informally by the...
Section 62-3-615. Special administrator; who may be appointed. - (a) If a special administrator is to be appointed pending...
Section 62-3-616. Special administrator; appointed informally; powers and duties. - A special administrator appointed by the court in informal proceedings...
Section 62-3-617. Special administrator; formal proceedings; powers and duties. - A special administrator appointed by order of the court in...
Section 62-3-618. Termination of appointment; special administrator. - The appointment of a special administrator terminates in accordance with...
Section 62-3-619. "Executor de son tort" defined. - Any person who obtains, receives, or possesses property of whatever...
Section 62-3-620. Order for executor de son tort to account for deceased's property; decree for damages. - Acting sua sponte or upon the petition of any interested...
Section 62-3-621. Rights under Section 62-3-620 survive death of executor de son tort. - The rights of the probate court and interested parties set...
Section 62-3-701. Time of accrual of duties and powers. - The duties and powers of a personal representative commence upon...
Section 62-3-702. Priority among different letters. - A person to whom general letters are issued first has...
Section 62-3-703. General duties; relation and liability to persons interested in estate; standing to sue. - (a) A personal representative is a fiduciary who shall observe...
Section 62-3-704. Personal representative to proceed with court sanction. - A personal representative shall proceed expeditiously with the settlement and...
Section 62-3-705. Duty of personal representative; information to heirs and devisees. - Not later than thirty days after his appointment every personal...
Section 62-3-706. Duty of personal representative; inventory and appraisement. - (A) Within ninety days after his appointment, a personal representative,...
Section 62-3-707. Employment of appraisers. - The personal representative may obtain a qualified and disinterested appraiser...
Section 62-3-708. Duty of personal representative; supplementary inventory. - If any property not included in the original inventory and...
Section 62-3-709. Duty of personal representative; possession of estate. - Except as otherwise provided by a decedent's will, every personal...
Section 62-3-710. Power to avoid transfers. - The property liable for the payment of unsecured debts of...
Section 62-3-711. Powers of personal representatives; in general. - (a) Until termination of his appointment or unless otherwise provided...
Section 62-3-712. Improper exercise of power; breach of fiduciary duty. - If the exercise of power concerning the estate is improper,...
Section 62-3-713. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions. - Any sale or encumbrance to the personal representative, his spouse,...
Section 62-3-714. Persons dealing with personal representative; protection. - A person who in good faith either assists a personal...
Section 62-3-715. Transactions authorized for personal representatives; exceptions. - Except as restricted or otherwise provided by the will or...
Section 62-3-716. Powers and duties of successor personal representative. - A successor personal representative has the same power and duty...
Section 62-3-717. Corepresentatives; when joint action required. - If two or more persons are appointed corepresentatives and unless...
Section 62-3-718. Powers of surviving personal representative. - Unless the terms of the will otherwise provide, every power...
Section 62-3-719. Compensation of personal representative. - (a) Unless otherwise approved by the court for extraordinary services,...
Section 62-3-720. Expenses in estate litigation. - If any personal representative or person nominated as personal representative...
Section 62-3-721. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. - (a) After notice to all interested persons, on petition of...
Section 62-3-801. Notice to creditors. - (a) Unless notice has already been given under this section,...
Section 62-3-802. Statutes of limitations. - (a) Unless an estate is insolvent, the personal representative, with...
Section 62-3-803. Limitations on presentation of claims. - (a) All claims against a decedent's estate which arose before...
Section 62-3-804. Manner of presentation of claims. - Claims against a decedent's estate must be presented as follows:...
Section 62-3-805. Classification of claims. - (a) If the applicable assets of the estate are insufficient...
Section 62-3-806. Allowance of claims. - (a) As to claims presented in the manner described in...
Section 62-3-807. Payment of claims. - (a) Prior to the closing of the estate and no...
Section 62-3-808. Individual liability of personal representative. - (a) Unless otherwise provided in the contract, a personal representative...
Section 62-3-809. Secured claims. - Payment of a secured claim is upon the basis of...
Section 62-3-810. Claims not due; contingent or unliquidated claims. - (a) If a claim which will become due at a...
Section 62-3-811. Counterclaims. - In allowing a claim, the personal representative may deduct any...
Section 62-3-812. Execution and levies prohibited. - No execution may issue upon nor may any levy be...
Section 62-3-813. Compromise of claims. - When a claim against the estate has been presented in...
Section 62-3-814. Encumbered assets. - If any assets of the estate are encumbered by mortgage,...
Section 62-3-815. Administration in more than one state; duty of personal representative. - (a) All assets of estates being administered in this State...
Section 62-3-816. Final distribution to domiciliary representative. - The estate of a nonresident decedent being administered by a...
Section 62-3-901. Successors' rights if no administration. - In the absence of administration, the devisees are entitled to...
Section 62-3-902. Distribution; order in which assets appropriated; abatement. - (a) Except as provided in subsection (b), and except as...
Section 62-3-903. Right of retainer. - The amount of a liquidated indebtedness of a successor to...
Section 62-3-905. Penalty clause for contest. - A provision in a will purporting to penalize any interested...
Section 62-3-906. Distribution in kind; valuation; method. - (a) Unless a contrary intention is indicated by the will,...
Section 62-3-907. Distribution in kind; evidence. - (A) If distribution in kind is made, the personal representative...
Section 62-3-908. Distribution; right or title of distributee. - Proof that a distributee has received an instrument or deed...
Section 62-3-909. Improper distribution; liability of distributee. - Unless the distribution or payment no longer can be questioned...
Section 62-3-910. Purchasers from distributees or personal representatives protected. - (A) If property distributed in kind (whether real or personal...
Section 62-3-911. Partition for purpose of distribution. - For purposes of this section, "interested heirs or devisees" means...
Section 62-3-912. Private agreements among successors to decedent binding on personal representative. - Subject to the rights of creditors and taxing authorities, competent...
Section 62-3-913. Distributions to trustee. - (a) Before distributing to a trustee, the personal representative may...
Section 62-3-914. Disposition of unclaimed assets. - (a) If after the expiration of eight months from the...
Section 62-3-915. Distribution to person under disability. - A personal representative may discharge his obligation to distribute to...
Section 62-3-916. Apportionment of estate taxes. - (a) For purposes of this section: (1) "Estate" means the...
Section 62-3-1001. Required filings with court; petition for order compelling personal representative to perform duties; court orders. - (a) Within the later of: (i) the expiration of the...
Section 62-3-1002. Payment of taxes; certificate from Department of Revenue. - No final accounting of a fiduciary shall be allowed by...
Section 62-3-1003. Payment of taxes; filing federal estate tax return. - No final accounting of a personal representative in any probate...
Section 62-3-1004. Liability of distributees to claimants. - After assets of an estate have been distributed and subject...
Section 62-3-1005. Rights of successors and creditors. - Unless previously barred by adjudication and except as provided in...
Section 62-3-1006. Limitations on actions and proceedings against distributees. - Unless previously adjudicated in a formal testacy proceeding or in...
Section 62-3-1007. Certificate discharging liens securing fiduciary performance. - After his appointment has terminated, the personal representative, his sureties,...
Section 62-3-1008. Subsequent administration. - If other property of the estate is discovered after an...
Section 62-3-1101. Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons. - A compromise of a controversy as to admission to probate...
Section 62-3-1102. Procedure for securing court approval of compromise. - The procedure for securing court approval of a compromise is...
Section 62-3-1201. Collection of personal property by affidavit. - (a) Thirty days after the death of a decedent, any...
Section 62-3-1202. Effect of affidavit. - The person paying, delivering, transferring, or issuing personal property or...
Section 62-3-1203. Small estates; summary administrative procedure. - (a) If it appears from the inventory and appraisal that...
Section 62-3-1204. Small estates; closing by sworn statement of personal representative. - (a) Unless prohibited by order of the court and except...
Section 62-3-1301. Only procedure for sale of lands by court. - The provisions of this Part are hereby declared to be...
Section 62-3-1302. Sale of real estate. - The court may, as herein provided, authorize the sale of...
Section 62-3-1303. Issuance of summons upon petition for sale. - At any time after the qualification of the personal representative,...
Section 62-3-1304. Form of summons. - The form of such summons must be in like form...
Section 62-3-1305. Service of summons and petition. - To such summons a copy of the petition must be...
Section 62-3-1306. Execution of process by sheriff; fees. - The sheriffs of the several counties in this State are...
Section 62-3-1307. Publication as to nonresidents and parties with unknown residences. - If there is any party who resides beyond the limits...
Section 62-3-1308. Filing notice of pendency of action. - Upon the filing of the petition, the petitioner shall file...
Section 62-3-1309. Time for answer. - The time to answer a summons and petition for sale...
Section 62-3-1310. Bond for handling of proceeds by personal representative. - The regular bond of the personal representative must protect the...
Section 62-3-1311. Filing of papers; requirement of returns. - The court shall file and keep the original petition with...
Section 62-3-1312. Entry of releases of liens on property sold. - In case any lands of the deceased subject to the...