Does Utah's savings statute apply to probate proceedings? In re Estate of Davies Explained

The Utah Supreme Court recently addressed a critical question for estate practitioners: whether Utah’s Savings Statute can extend the deadline for filing probate proceedings beyond the three-year limit established in the Utah Probate Code.

Background and Facts

Beverly Davies died in December 2015. Her granddaughter, Jodi Kittinger, filed a petition to probate Davies’s will in November 2018—just within the three-year deadline. However, after nearly three years of inactivity, the court dismissed the petition without prejudice for failure to prosecute in October 2021. In October 2022, one day before the anniversary of the dismissal, Kittinger refiled her petition, claiming protection under Utah’s Savings Statute, which generally permits refiling within one year of a non-merits dismissal.

Key Legal Issues

The case centered on whether the Savings Statute applies to section 75-3-107 of the Utah Probate Code, which prohibits commencement of probate proceedings “more than three years after the decedent’s death” and establishes a “final” presumption of intestacy if no will is probated within three years. The other grandchildren argued the refiled petition was untimely, while Kittinger maintained the Savings Statute saved her petition from dismissal.

Court’s Analysis and Holding

The Supreme Court held that the Savings Statute does not apply to probate proceedings subject to the Timing Statute. The court focused on the prohibitory language in section 75-3-107(1), which states that proceedings “may not be commenced” after three years, rather than simply setting a time limit. This language directly conflicts with the Savings Statute’s provision allowing recommencement of actions. The court also noted that section 75-3-107(3) creates a “final” presumption of intestacy after three years, which would be undermined by allowing later filings under the Savings Statute.

Practice Implications

This decision has significant implications for estate practitioners. Unlike other areas where the Savings Statute provides a safety net, probate proceedings face an absolute three-year deadline. Practitioners must be vigilant about prosecuting probate cases to avoid dismissal for inactivity. The court’s analysis suggests that the legislature carefully balanced competing interests—discovering a decedent’s intent versus ensuring efficient estate administration—in setting the three-year limit. This ruling reinforces the critical importance of timely and diligent prosecution of probate proceedings in Utah courts.