Savings Statute Does Not Waive Three-Year Rule for Filing a Will

Filing a will promptly after a loved one dies might seem like an obvious step. However, this does not always occur. Surviving family members might not know the location of the document, or the emotional trauma of the loss could cause people to overlook their practical responsibilities. Disputes among potential heirs and concerns about the validity of the will may also trigger a delay.

Under Utah’s Uniform Probate Code, you have three years following someone’s death to commence a probate proceeding. Whatever your situation might entail, it is critical to meet this deadline in order to avoid intestacy. A recent case from the state’s Supreme Court shows that even a law designed to extend deadlines in other types of matters does not apply. 

The case captioned In the Matter of the Estate of Beverly Marie Davies involved a woman, Jodi Kittinger, who waited nearly three years to open a probate matter following her grandmother’s death. Following that, she failed to take further action for almost three more years, and the case was dismissed for failure to prosecute. Nearly one year after the dismissal, she sought to revive the proceeding.

Kittinger tried to rely on Utah’s Savings Statute, which permits cases that are dismissed for reasons other than the merits to be refiled within one year, even if that extends beyond the standard statute of limitations. Though a lower court agreed with her interpretation, the Utah Supreme Court reversed the decision, holding that probate is a comprehensive, specific statutory scheme directed at the orderly and final administration of estates. Accordingly, the Savings Statute did not apply as it might in a contract or tort claim. 

This decision underscores the important of resolving estate issues definitively within a reasonable amount of time. The Code provides only narrow, specific exceptions. Unless one applies, failing to make the deadline will likely result in the disposition of assets as if the decedent died intestate.

Working with a knowledgeable probate administration attorney can help you understand the legal requirements relating to a decedent’s estate. If a complication arises, your lawyer can advise on the best way to resolve the matter so that the testator’s wishes are honored in a timely manner. 

Jeffs & Jeffs, P.C. represents clients in a wide range of Utah probate matters, as well as other legal proceedings. To schedule a consultation at our Provo office, please call 801-373-8848 or contact us online.