75-3-107 - Probate, testacy, and appointment proceedings -- Ultimate time limit -- Presumption and order of intestacy.
75-3-107. Probate, testacy, and appointment proceedings -- Ultimate time limit --Presumption and order of intestacy.
(1) No informal probate or appointment proceeding or formal testacy or appointmentproceeding, other than a proceeding to probate a will previously probated at the testator'sdomicile and appointment proceedings relating to an estate in which there has been a priorappointment, may be commenced more than three years after the decedent's death, except:
(a) If a previous proceeding was dismissed because of doubt about the fact of thedecedent's death, appropriate probate, appointment, or testacy proceedings may be maintained atany time thereafter upon a finding that the decedent's death occurred prior to the initiation of theprevious proceeding and the applicant or petitioner has not delayed unduly in initiating thesubsequent proceeding.
(b) Appropriate probate, appointment, or testacy proceedings may be maintained inrelation to the estate of an absent, disappeared, or missing person for whose estate a conservatorhas been appointed, at any time within three years after the conservator becomes able to establishthe death of the protected person.
(c) A proceeding to contest an informally probated will and to secure appointment of theperson with legal priority for appointment in the event the contest is successful, may becommenced within the later of 12 months from the informal probate or three years from thedecedent's death.
(2) The limitations provided in Subsection (1) do not apply to proceedings to construeprobated wills or determine heirs of an intestate. In cases under Subsection (1)(a) or (b), the dateon which a testacy or appointment proceeding is properly commenced shall be deemed to be thedate of the decedent's death for purposes of other limitations provisions of this title which relateto the date of death.
(3) If no will is probated within three years from death, the presumption of intestacy isfinal and the court shall enter an order to that effect and provide for the distribution of thedecedent's property in accordance with the laws of intestacy under Title 75, Chapter 2, Part 1,The court has continuing jurisdiction to handle all matters necessary to distribute the decedent'sproperty, including jurisdiction to determine what property was owned by the decedent at thetime of death.
Amended by Chapter 107, 1989 General Session