Call Us Now
Email Us Now
What Step Do I Need to Take to Navigate the Probate Process in Utah?
The death of a loved one is never easy. In addition to the grieving process, practical considerations such as funeral and burial arrangements must be made. There is also the matter of probate.
Even if a person left behind a will, you may need to go through a legal process known as probate. Probate is the legal determination of what happens to a person’s estate and assets after death.
Even if the person left behind a will, the contents of the will must be approved before the will is executed. If the individual did not leave behind a will, the probate process can take a considerable period. This is because the court must determine the legal status of the deceased’s estate and their own personal wishes. There are legal strategies to avoid probate and simplify the probate process. This is why if you find yourself facing the probate process, you must consult an experienced attorney.
What is Probate in Utah?
Probate is a legal process determining the fate of assets left behind by a deceased person. This process can usually be expedited if a person specifies how they wish their assets should be divided in a will. Most people will name a Personal Representative in their wills. A Personal Representative is the individual responsible for ensuring the will is valid and the contents of the will are carried out.
The court usually approves Personal Representatives named in a will. Individuals may petition the court to be named Personal Representative if no Personal Representative is named. Anyone who believes they have a claim to be named as Personal Representative can present a case to the court. This can be a drawn-out process unto itself. If more than one individual lays claim to being named Personal Representative, the court will hear their arguments and determine the most appropriate individual.
Once the court has approved a Personal Representative, they can begin carrying out the will. Property and assets with named beneficiaries in the will can be distributed to the appropriate individuals. However, if the will failed to name a beneficiary, those assets will need to go through probate. Some assets which may require probate if there are no named beneficiaries include:
- Real Estate (Including Land, Houses, or Condominiums)
- Jewelry
- Vehicles
- Bank Accounts
- Investments (Including Stocks and Bonds)
- Assets Worth More than $100,000 Not Including Land or Vehicles
During probate, the Personal Representative will attempt to determine who is entitled to what assets. Part of this process will include notifying friends, family, and creditors of the deceased. Any party who believes they have a claim to all or part of an estate will have an opportunity to present their case. A Personal Representative may wish to publish a notice to creditors to notify any potential individuals or institutions to whom the deceased owed money.
How Can Probate be Avoided in Utah?
There are some instances where probate may not be necessary. These include but are not limited to:
- Estates Worth Less than $100,000
- Jointly Owned Assets
- Assets with Named Beneficiaries
- “Payable on Death” and “Transfer on Death” Accounts
- Assets in a Living Trust
If a person leaves behind an estate worth less than $100,000, their successor may fill out a Small Estate Affidavit form. This is a form stating an individual’s intention to take possession of the deceased’s estate. This can only be done under specific circumstances:
- There Is No Dispute By Third Parties as to the Identity of the Successor
- The Estate Contains No Real Property
- It Has Been 30 or More Days Since the Decedent’s Death
- No One Has Come Forward Asking to be Appointed a Personal Representative of the Deceased
If all these criteria are met, an individual can fill out a Small Estate Affidavit before a notary and file it with any third parties, such as banks.
Jointly owned assets may also bypass probate. These are assets for which the deceased was a cosigner. In many, but not all, cases, the assets may bypass probate and go to the other cosigner. Similarly, assets with specifically named beneficiaries in the will can often bypass probate and go to the designated recipient.
The same is true for assets designated “Payable on Death” or “Transfer on Death.” This is when an individual signs documentation while they are still alive stating that money or property will automatically transfer ownership to another individual upon their death. Having these accounts can significantly expedite the process and avoid lengthy probate time.
Another method to avoid probate is to place assets in a living trust. This is when a living person transfers legal ownership of their assets to a trust. The trust is managed by an individual known as a trustee. Upon the guarantor’s death, the trustee will distribute the assets in the trust according to their wishes. Because the assets are legally the trust’s property, they can bypass probate.
These are only a few methods to navigate the probate process. A skilled and experienced attorney from our team can best advise you on avoiding the probate process, or navigating it if it becomes unavoidable.
What Should I Do if I Want to Avoid or Navigate Probate in Utah?
A death should never place an undue burden on loved ones. Avoiding probate can be a significant factor in making the grieving process easier for all involved. If you are currently planning a will, or if a loved one has recently passed away and the estate has or might enter probate, you should immediately contact our attorneys, located at 380 N 200 W #102, Bountiful, UT 84010.
Our attorneys at Able & Strong Law, Inc., are deeply compassionate and understand how brutal the death of a loved one can be. We also understand how the process can be made easier if probate can be avoided or made more manageable. We’ll work with you or your loved ones to draft a will or plan an estate that helps avoid probate. If your loved one’s estate has already entered probate, the attorneys of Able & Strong can help you navigate it and make a complex process more manageable.
The passing of a loved one should be a time for reflection, memories, and coming together. It shouldn’t be complicated by legal matters that can be avoided. If you or a loved one needs to draft a will that helps avoid probate or you are currently involved in probate, don’t hesitate to call our attorneys at 385-438-8801 or email them for a consultation. We’ll be there for you when you need them the most.
