Legal Question in Wills and Trusts in Utah

In Utah, are the children of the deceased allowed to see the deceased mother's Will?

Asked on 5/15/13, 9:28 am

2 Answers from Attorneys

Paul Jones Paul W. Jones Attorney LLC

Yes. All "interested persons" are allowed to see the will. Under Utah law is defined as follows:

"Interested person" includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person. It also includes persons having priority for appointment as personal representative, other fiduciaries representing interested persons, a settlor of a trust, if living, or the settlor's legal representative, if any, if the settlor is living but incapacitated. The meaning as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding.

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Answered on 5/15/13, 9:57 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Yes, the procedure is that the will of the deceased is filed with the court in which probate is opened. Unless the will specifies a personal representative, any interested party can open probate (or if the designated personal representative does not open probate timely).

If you are one of the children, you can open probate and request to be named the personal representative. Whomever is holding the will may then come forth and file it with the court.

You may call for a free consultation 801-876-4422

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Answered on 5/15/13, 12:29 pm

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