75-1-111. Time of taking effect -- Provisions for transition.

280 words·~1 min read·/ut/title-75/chapter-1/75-1-111

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)This title takes effect on July 1, 1977.

(2)Except as otherwise provided by this title:

(a)this title applies to any wills of decedents dying on or after July 1, 1977;

(b)the title applies to any proceedings in court that are pending or commenced on or after July 1, 1977, regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this title;

(c)every personal representative including a person administering an estate of a minor or incompetent holding an appointment on July 1, 1977, continues to hold the appointment but has only the powers conferred by this title and is subject to the duties imposed with respect to any act occurring or done on or after July 1, 1977;

(i)an act done before July 1, 1977, in any proceeding and any accrued right is not impaired by this title; and

(ii)if a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before July 1, 1977, the provisions shall remain in force with respect to that right; and

(e)any rule of construction or presumption provided in this title applies to instruments executed and multiple-party accounts opened before July 1, 1977, unless there is a clear indication of a contrary intent.

Renumbered and Amended by Chapter 310 , 2025 General Session