Utah Supreme Court Says Probate Petitions Must Be Filed Within Three Years: In re Estate of Davies Explained

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Introduction: Why This Case Matters

What happens if a loved one leaves behind a will, but no one files it with the court for years? Can the family still bring that will forward later, or is it too late?

The Utah Supreme Court recently answered that question in a case called In re Estate of Davies, decided in August 2025. The Court held that Utah law gives families three years after someone dies to start probate—the legal process of recognizing a will and managing an estate. If nobody starts probate in that time, the law presumes the person died without a will, and that presumption is final.

This case matters to families all across Utah. Many people don’t know the deadlines involved in probate. Sometimes a will is discovered in an old desk years after death. Sometimes family members wait, hoping to avoid court. But as this decision makes clear: waiting too long can close the courthouse doors forever.

This post explains the background of the Davies case, the laws at issue, what the Utah Supreme Court decided, and what it means for Utah families.

What Is Probate?

Probate is the legal process where a court decides whether a will is valid and then supervises the administration of the estate.

If there is a valid will, probate confirms it and ensures that the estate is distributed according to the person’s wishes. If there is no will, or no valid will is filed, Utah’s intestacy laws step in. Those laws decide who inherits—usually the spouse and children, then parents, siblings, and so on.

Probate in Utah comes in two forms:

• Informal probate: A simpler process, often handled with paperwork and little or no court hearings.
• Formal probate: A more involved court proceeding, sometimes necessary if there are disputes.

Either way, the probate process answers the question: “Who owns what after someone has passed?”

The Davies Family Story

Here’s what happened in this case:

• 2015 – Beverly Davies passed away.
• 2018 – Just before the three-year mark, her granddaughter, Jodi Kittinger, filed a petition to probate Beverly’s will. She asked the court to recognize the will and appoint her as personal representative of the estate.
• 2018–2021 – Nothing happened. For nearly three years, the case sat without progress.
• October 2021 – The court dismissed the case for “failure to prosecute.” This dismissal was without prejudice, which normally means a case could be refiled.
• October 2022 – Almost seven years after Beverly’s death, Jodi refiled the probate petition, claiming Utah’s Savings Statute gave her the right to do so.

At this point, Beverly’s other grandchildren objected. They argued the second petition was too late because Utah’s Probate Code sets a strict three-year limit.

The Laws at Issue

Two different Utah statutes clashed in this case.

1. The Probate Code’s Three-Year Deadline

Utah Code section 75-3-107 says:

• An informal probate or formal testacy proceeding may not be commenced more than three years after the decedent’s death, with very limited exceptions.
• If no will is probated within three years, the law creates a final presumption of intestacy. That means the person is treated as if they died without a will.

This rule is about finality. Lawmakers want estates to be wrapped up, not left open indefinitely.

2. The Savings Statute

Utah Code section 78B-2-111, often called the Savings Statute, is a general law that applies to many types of cases. It says that if you file a lawsuit on time but it gets dismissed “without prejudice” (meaning not on the merits), you can refile within one year—even if the statute of limitations has already run.

The Savings Statute is designed to protect people from losing their case forever just because of a procedural hiccup.

The Legal Battle

Jodi (the granddaughter) argued that the Savings Statute applied. Since she filed the first probate petition on time and it was dismissed without prejudice, she believed she had one extra year to refile—even though the three-year probate deadline had passed.

The other grandchildren disagreed. They said the Probate Code sets an absolute deadline. Once three years passed, intestacy was final, and the Savings Statute could not change that.

The district court (the lower court) sided with Jodi, saying the Savings Statute saved her petition. The grandchildren appealed, and the Utah Supreme Court took the case.

The Utah Supreme Court’s Analysis

The Court had to decide one big question:

Does the Savings Statute apply to extend the Probate Code’s three-year deadline?

Here’s how the Court worked through it:

Step 1: Labels Don’t Decide It

The parties debated over whether the Probate Code’s deadline is a “statute of limitations” or a “statute of repose.” A statute of limitations usually runs from the time someone is injured or harmed. A statute of repose usually runs from a fixed event, no matter what.

The Court said the label doesn’t matter here. What matters is legislative intent—what the lawmakers meant. To determine legislative intent, the Court looks to a number of factors, including the plain language of the law and the purpose behind the law.

Step 2: The Probate Code Uses Prohibitory Language

The statute says probate proceedings “may not be commenced” more than three years after death. That’s strong, prohibitory wording. It’s different from other statutes that just say “an action may be brought within X years.”

This shows lawmakers meant to close the door completely after three years.

Step 3: Final Presumption of Intestacy

The Probate Code doesn’t just set a deadline. It also says that if no will is filed in three years, intestacy is final. That means the law has already decided the outcome: the person is treated as though they died without a will.

Allowing the Savings Statute to reopen the case would directly contradict this final presumption. It would override the legislative intent, which courts try to avoid.

Step 4: Specific Statute Controls Over General

Another principle in determining legislative intent is to examine whether a law is more specific or more general. The Savings Statute is a general law that applies in a broad variety of situations. The Probate Code is specific to probate. If two statutes are complementary, then the Court will apply them both. When two statutes conflict, the more specific one is favored to win. Looking at this with the “may not be commenced” language, the Supreme Court determined that the legislature intended to prohibit any probate of a will after three years.

Step 5: Balancing Purposes

One other factor the Court will examine in interpreting a law is to examine the purposes of the law. If there is only one purpose, then the Court will try to interpret the law in line with that purpose if at all possible. In this case, the Court noted that the Probate Code balances two goals:

• honoring a person’s intent (carrying out their will), and
• ensuring quick and efficient administration of estates.

The three-year deadline reflects that balance. It honors a person’s intent and allows the filing of a will for up to three years. To extend the ability to enforce a will through the Savings Statute, the Court explains, would upset the balance by unfairly putting less weight on the side of quick and efficient estate administration.

The Court’s Decision

The Utah Supreme Court held:

• The Savings Statute does not apply to probate petitions.
• The three-year deadline in the Probate Code is absolute, unless one of the statute’s specific exceptions applies.
• Because Jodi’s second petition came nearly seven years after death, it was prohibited.
• Beverly Davies is legally presumed to have died intestate.

The Court reversed the district court and sent the case back for further proceedings consistent with its ruling.

What This Means for Utah Families

The key takeaway is simple:

If you want to probate a will in Utah, you must file within three years of the person’s death.

If you wait longer, the law treats the person as having died without a will, even if you later find one.

The Savings Statute—which often helps people refile cases after dismissals—does not apply in this situation.

Practical Lessons

1. Don’t wait to file probate. Even if you’re unsure, it’s safer to file within three years and keep the case alive.
2. Don’t allow your case to be dismissed. Failing to prosecute (take any action) on your case will subject it to dismissal. Court’s will typically notify you before this happens. Communicate with the Court and push cases toward resolution to avoid dismissal.
3. Act quickly if a case is dismissed. A dismissal close to the three-year mark can be fatal.
4. Know the exceptions. The Probate Code allows a few narrow exceptions, such as cases involving missing persons or disputes about whether someone is dead. But these are rare, so don’t count on your case being an exception.
5. Get legal advice early. The law is complex, and timing is critical. Feel free to reach out to our team at Walker Law Firm of Cache Valley for a free consultation if you have any questions.

Legal Language Lesson: Statutes of Limitations vs. Statutes of Repose (Simplified)

Let’s break down the difference between two types of legal deadlines:

• Statute of Limitations: Think of it like a countdown clock that starts when someone is hurt. For example, if you’re in a car accident, you might have four years to file a lawsuit. If you don’t, you lose your claim. Statutes of limitations depend on some type of action that causes injury to another. The clock only starts running when someone does something to start it (causes injury).
• Statute of Repose: This is more like an expiration date on milk. It runs from a fixed event (the purchase of the milk), no matter what. Once it passes, the claim is gone—even if you didn’t know there was a problem until later.

The Utah Supreme Court stated that a person passing away doesn’t fit cleanly into either category. Instead, the Court ultimately determined that it didn’t matter whether death starts a statute of limitations or a statute of repose because the Court ruled that the Savings Statute (which allows you to refile a timely-filed case that is dismissed) doesn’t apply to the Probate Timing Statute. If a Probate action is dismissed more than three years after the decedent dies, the only option is to proceed as if the person died without a will.

How the Court Justifies its Decision

At first glance, this ruling might feel harsh. Why not give families a little more time? Why not let the Savings Statute apply?

The Court explained that the legislature had already balanced fairness with finality. It was not the Court’s job to change what the legislature had already decided. The courts exist to interpret the laws that legislatures make, not to change them. On one hand, lawmakers want to honor people’s wishes. On the other, they want estates to be wrapped up promptly. Creditors, heirs, and the community all need certainty, and waiting years for a will to be found prevents that goal.

Imagine if probate could be reopened decades later whenever a will surfaced. Families could never truly move on. Property titles could be unsettled. Creditors could never close their books.

By setting a three-year limit, the legislature drew a clear line. The Court’s job was to respect that line, not question and redraw it.

What About Other Cases?

The Savings Statute still applies in many other situations. For example:

• If you file a personal injury lawsuit on time but it’s dismissed without prejudice, you may have one year to refile.
• If you sue for breach of contract and the case is dismissed for procedural reasons, the Savings Statute may give you another chance.

But when it comes to probate, the three-year rule is different. It’s stricter, and the Savings Statute does not apply.

Questions Raised

What if we find a will four years after someone dies?

Unfortunately, under Utah law, it’s too late to probate it. The estate will be treated as intestate, and the will cannot be enforced.

What if probate was started within three years but dismissed later?

If the dismissal happens after the three-year deadline has already passed, the case cannot be refiled. The intestacy presumption becomes final.

Are there any exceptions to the three-year rule?

Yes, but they are narrow. For example, if there was doubt about whether the person was really dead, or if the person was missing and a conservator had been appointed, the law may allow more time, but don’t rely on an exception to save you.

What’s the difference between formal probate and intestacy?

A formal probate will honor the will and distribute property according to the will. Utah’s intestacy laws decide who inherits. Generally, the spouse and children inherit first. If none, then parents, siblings, and so on. Stepchildren and unmarried partners usually do not inherit unless provided for in a will.

Conclusion

The Utah Supreme Court’s decision in In re Estate of Davies makes the law crystal clear: probate petitions must be filed within three years of death.

The Savings Statute cannot extend that deadline. Once three years pass, intestacy is final, no matter what.

For Utah families, this ruling is a reminder not to delay. If you believe there is a will, or if you need to open probate, act quickly. Waiting too long may mean the will is never heard, and the estate will be divided according to intestacy laws instead.

This case may feel technical, but at its heart it’s about something deeply personal: making sure our loved ones’ last wishes are honored—or, if we wait too long, accepting that the law will impose its own default plan.

Practical Checklist: What to Do If a Loved One Dies in Utah

When someone passes away, families are often overwhelmed and unsure where to start. Here are some simple steps to help make sure you don’t run into the kinds of problems seen in the Davies case.

1. Locate Important Documents Quickly

• Look for the will, trust documents, or other estate planning papers.
• Check safe deposit boxes, filing cabinets, and with the person’s lawyer or financial advisor.

2. File Probate Promptly

• Even if family members are getting along, it’s smart to file probate within a few months.
• Probate doesn’t always mean lengthy court battles—various methods of probate can be fairly quick and straightforward. Talk to a lawyer about options available to you in your specific case.

3. Seek Legal Help Early

• A probate attorney can help determine whether informal or formal probate is needed.
• An attorney can also explain whether any exceptions to the three-year rule might apply if you are caught in a situation where the three years has passed.

4. Keep Family Members Informed

• Probate disputes often arise from miscommunication. If you are an executor or executrix of an estate, communicate with the heirs promptly and cordially.
• Let siblings, children, and other heirs know what’s happening so everyone feels included. Consider providing them with copies of the will and advising them of all legal proceedings.

5. Get Your Own Affairs in Order

• It is a lot less expensive to get your estate taken care of while you’re still alive. There are ways to avoid probate altogether.
• Going to court to probate a will or proceeding in court through intestacy is expensive. Executors and lawyers will collect fees and you will likely have to pay fees to the court and to the newspaper to publish a notice to creditors. Your loved ones may end up spending a significant portion of your estate just to get it in their hands.
• Reach out to the attorneys at Walker Law Firm of Cache Valley to discuss your estate plan. Trusts aren’t just for multi-millionaires. Anyone can benefit from an estate plan that avoids probate. A smaller expense now can save you extensive costs later.

By following these steps, families can avoid painful legal battles and make sure their loved one’s wishes are carried out.