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Current as of January 01, 2025 | Updated by Findlaw Staff
Except as provided in Section 75-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if both:
(1) no court proceeding concerning the succession or administration of the estate was commenced during the time period for testacy proceedings; and
(2) either the devisee or the devisee's successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent's title during the time period for testacy proceedings.
Cite this article: FindLaw.com - Utah Code Title 75. Utah Uniform Probate Code § 75-3-102. Necessity of order of probate for will - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-75-utah-uniform-probate-code/ut-code-sect-75-3-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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