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Sample objection to appointment of personal representative

Objection to Appointment of Personal Representative and Request for Hearing. Objection to Appointment of Personal Representative and Request for Hearing 2025

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The document is a legal form used in the District Court of Utah for an interested person to formally object to the appointment of a personal representative for a deceased person's estate. It includes sections for stating objections, requesting a hearing for formal probate, and certifying service of the objection to relevant parties.

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Click ‘Get Form’ to open it in the editor.
Begin by entering your name, address, city, state, zip code, phone number, and email at the top of the form. This information is crucial for communication regarding your objection.
In the section labeled 'I, _____ am an interested person in this case,' fill in your name as the interested party.
For the first objection, check the box next to 'I object to the appointment of' and provide the name of the proposed personal representative. Clearly state your reasons for this objection in the space provided.
Next, if applicable, check the box for 'I object to the informal probate' and explain your reasons.
Request a hearing by checking 'I ask the court to schedule a hearing' and ensure you specify whether it pertains to formal probate or appointment of a personal representative.
Finally, sign and date the form at the bottom. Ensure that all required fields are completed before submitting.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Does a personal representative have to follow the will?

The law requires personal representatives to follow the terms of the deceased persons will (assuming that the individual who died had a will). If the deceased person died intestate (without a will), the personal representative will serve as the executor of the intestate estate.

How do you tell someone you dont want to be their executor?

You can simply ignore this issue or if someone petitions a probate court to take your place as executor, they can provide you with the form where you would state that you do not want to serve as executor.

How much power does a personal representative have?

Under the Uniform Probate Code , a personal representative has the same power over the title to property of the estate that an absolute owner would have. Although, the personal representative holds the property of the estate in trust for the benefit of the creditors and others interested in the estate. This power

Can you say no to being an executor?

If you agreed to be an executive but no longer wish to take on the role, you can stand down or renounce the position. You will need to complete a form of renunciation from the Probate Registry.

Can I refuse to be a personal representative?

If someone asks you to serve as Personal Representative or notifies you that they have already named you in their Last Will and Testament, you can still decline the role. Simply advise them that while you are honored to be considered, you are unable to accept.

how to file an objection in probate court

informal appointment of the nominated personal representative without bond affidavit to transfer without probate michigan personal representative michigan application for informal probate statement of informal probate personal representative deed utah third district court probate utah determination of heirs

What is a consent to appointment of personal representative?

If you are not the first person designated in the will or are not listed in the will to act as personal representative, the person nominated in the will to be personal representative and each of the devisees must consent to your appointment as personal representative.

What is the difference between formal and informal appointment of personal representative?

Formal Probate: High level of court supervision, with multiple hearings and judicial oversight. Informal Probate: Minimal court involvement, with fewer hearings and more autonomy for the personal representative.

What happens if you dont want to be an executor?

Sometimes people are concerned that the probate process will stop if they decline to act as the executor. Instead, the probate process will continue forward without you serving as the executor. The court will appoint someone else who will fulfill the role and keep the probate process moving.