Legal Question in Wills and Trusts in Utah

Re: will probate

The executor has a reasonable time, but any beneficiary can file to demand an accounting. This demand is not a contest of the will, but is a right each beneficiary owns. If the executor is not performing his/her duties properly the beneficiary can demand removal.

The estate NEVER is abandoned to the executor.

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Re: will probate

Challenging the personal representative's conduct is not challenging the will. If you go to court to force the personal representative to adhere to the terms of the will, and make the directed distributions, you are not challenging the will, you are the challenging the personal representative's conduct, so the no contest clause does not apply by definition. There is no set time limit for the personal representative to make distributions, but if he or she fails or refuses to act according to the terms of the will, you can petition the court to appoint someone else as personal representative. At no time does the property revert to the personal representative, but you may run into a situation where the personal representative has squandered all of the assets, and all you can do is go to the police.

If you have further questions, please contact me.

Randy M. Lish