Utah Court of Appeals holds three year period to petition to probate a will is a statue of repose not subject to equitable tolling.

In the Matter of the Estate of Strand (Michael Strand v Jerry Strand)

Michael appealed the district court order denying his petition to probate the will of his father 25 years after the father died. The panel affirmed. It held that the current probate code applied as the legislature plainly states in Utah Code 75-8-101 that the current version applies to all estates where the person died after July 1, 1977 and father died after that date. It next held that the three year period to petition to probate a will in 75-3-107 is a statue of repose as it bars any filing after three years and there is a separate remedy in 75-1-106 when a person commits fraud by concealing a will as Michael alleged happened here. Thus the district court correctly refused to apply equitable tolling and the denial of probate has to be affirmed.