What Factors Influence the Timeline for Completing the Probate Process in Utah?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Utah for guidance on your specific situation. Factors That Influence the Probate Timeline in Utah Detailed Answer Probate is the court-supervised process of validating a will, settling debts, and distributing assets. In Utah, this process follows […]
Read article →What Are the Risks of Probating My Father's Estate Without Legal Representation in Utah?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Probate is the court-supervised process of settling a decedent’s estate. Without legal representation, a personal representative (also known as an executor or administrator) assumes sole responsibility. Utah law imposes strict rules and deadlines. Errors can delay distribution, increase costs, […]
Read article →Why Does Real Property Pass Automatically at Death but I Still Have to Probate the Will in Utah?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Utah to discuss your specific situation. Detailed Answer 1. Property That Passes Automatically at Death Under Utah law, certain assets transfer outside of probate by operation of law or contract. Common examples include: Joint tenancy with […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Utah?
Detailed Answer Step 1: Appoint a Personal Representative When someone passes away in Utah, a probate court appoints a personal representative—sometimes called an executor or administrator—to manage the estate. The court issues “Letters Testamentary” or “Letters of Administration,” granting authority to act on behalf of the decedent. This process follows the procedures in Utah Code […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate if the Death Certificate Is Unavailable in Utah?
Using an Obituary as Proof of Death to Open an Estate in Utah Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Utah law, probate courts require a certified death certificate to open an estate. Utah Code §75-3-102 states that a personal representative must file a certified […]
Read article →How do I prepare an heirship affidavit in Utah?
Detailed Answer In Utah, there is no traditional heirship affidavit for real property. Instead, Utah’s Uniform Probate Code provides a streamlined affidavit process for small intestate estates. You can use: Personal Property Affidavit under Utah Code § 75-3-1004 if the decedent’s personal property does not exceed $15,000 (exclusive of liens). Real Property Affidavit under Utah […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in Utah?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Utah’s intestate succession laws (see Utah Code § 75-2-102), a surviving spouse normally receives a portion of the decedent’s estate when there is no valid will. However, Utah law also allows a surviving spouse to elect to take […]
Read article →How does an executor obtain an EIN for the estate in Utah?
Disclaimer: This information is for educational purposes and does not constitute legal advice. Detailed Answer If you manage an estate in Utah as an executor, obtaining a federal EIN is a critical first step. This guide explains how to apply for an EIN under Utah probate law. Under Utah Code § 75-3-602, the probate court […]
Read article →What is the difference between common and solemn form probate in Utah?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in your jurisdiction for advice about your specific situation. Utah does not use the terms “common form” or “solemn form” probate. Those classifications originate in other states, such as North Carolina. Instead, Utah law […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in Utah?
Detailed Answer Under Utah law, a surviving spouse (or minor child) may claim a year’s allowance out of the decedent’s estate to maintain reasonable support before final distribution. You initiate this by filing a petition under Utah Code § 75-2-109. The year’s allowance claim is separate from the general estate inventory. When you complete the […]
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