What Documents Are Needed to Complete a Small Estate Affidavit for Estate Assets in Utah?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In Utah, you can use a small estate affidavit to collect certain assets if the decedent’s estate meets the statutory limits. This process avoids formal probate. Under Utah Code § 75-2-1301, you may use this method when the net […]
Read article →How to validate and certify an affidavit of collection to collect personal property in Utah
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer What Is an Affidavit of Collection? An affidavit of collection is a sworn, written statement that allows an authorized person to retrieve personal property on behalf of the owner. Commonly used by storage facilities, tow yards, and bailment services, […]
Read article →How to Initiate the Sale of Estate Property to Satisfy Creditor Claims in Utah
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney. When a decedent’s estate lacks sufficient cash to pay valid creditor claims under Utah law, the personal representative may ask the probate court to authorize a sale of estate […]
Read article →What options exist in Utah for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
Detailed Answer Under Utah law, a personal representative (also called an executor or administrator) holds the authority to sell estate assets to pay debts, cover administrative costs, and balance distributions among heirs. These powers include both private sale and public auction methods. 1. Power to Sell Personal Property Utah Code section 75-3-120 grants a personal […]
Read article →What procedures ensure estate expenses and creditor claims are addressed before distributing assets to heirs in Utah?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under Utah law, a personal representative (formerly “executor” or “administrator”) must follow a structured probate process to ensure estate expenses and creditor claims are handled before heirs receive distributions. Key stages include appointment, creditor notice, inventory and appraisal, payment of […]
Read article →What Information and Documentation Are Required to Verify All Individuals with an Interest in Real Property in Utah?
Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer Verifying all individuals with an interest in real property ensures clear ownership and helps prevent title disputes. In Utah, follow these key steps: 1. Conduct a Chain-of-Title Search Visit the county recorder’s office where the property sits. Search recorded instruments […]
Read article →How Can an Interested Party Determine if Surplus Funds Remain After a Foreclosure Sale in Utah
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer Utah allows both judicial and nonjudicial foreclosures. In most cases, foreclosures on deeds of trust follow the nonjudicial procedure under Utah Code §57-1a-217. After a sale, the trustee distributes sale proceeds in order of priority: senior liens, sale costs, and then […]
Read article →How is the fair market value of personal property calculated in a probate case in Utah?
Understanding Fair Market Value of Personal Property in Utah Probate Cases Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When someone passes away in Utah, the personal representative (formerly called the executor) must inventory and appraise all personal property owned by the decedent. Under Utah Code § […]
Read article →What Constitutes Due Diligence for Identifying and Notifying Unknown Heirs in Probate Administration in Utah
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In Utah probate administration, a personal representative must exercise due diligence to locate and notify all heirs, including those who are unknown at the outset. Proper notice ensures fair distribution and shields the estate from future claims. Utah law […]
Read article →How can an administrator locate and verify potential heirs when only limited information is available? (UT)
Detailed Answer An administrator (personal representative) in Utah must identify all heirs before distributing estate assets. When only limited information is available, follow a structured search process: Review Decedent Records: Examine wills, deeds, address books, social media accounts and correspondence. Check electronic files for family-tree research or contact lists. Consult Public Records: Search vital records […]
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