How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in Utah?
Detailed Answer Understanding the Family Allowance Claim In Utah, a surviving spouse may claim a family allowance to cover living expenses during probate under Utah Code §75-2-202 (le.utah.gov/xcode/Title75/Chapter2/75-2-202.html). To qualify, you must prove you were legally married to the decedent at the time of death. Proof of Marriage Requirement Utah Code §75-2-101 (le.utah.gov/xcode/Title75/Chapter2/75-2-101.html) defines “spouse” […]
Read article →How can a client obtain appointment as administrator when a higher-priority heir exists in Utah?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a licensed Utah attorney. Detailed Answer Under Utah law, the probate court appoints an estate administrator based on a statutory priority list in Utah Code §75-3-201. The order of priority generally is: Surviving spouse […]
Read article →What is the process and timeline for applying to become the personal representative of an estate in UT?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Utah to discuss your specific situation. Detailed Answer Under Utah law, a personal representative (sometimes called an executor or administrator) manages and distributes a decedent’s estate. The process and timeline generally follow these steps: 1. Determine […]
Read article →How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in Utah?
Detailed Answer Under Utah law, the probate court may appoint a guardian or a guardian ad litem to manage a minor’s interest in an estate. A guardian takes control of the minor’s property and financial interests. A guardian ad litem represents the minor’s interests during litigation or when the court must evaluate whether a proposed […]
Read article →What Steps Protect a Minor’s Inheritance When the Decedent Did Not Leave a Will in Utah?
Detailed Answer Intestate Succession When someone dies without a will in Utah, the probate court applies Utah’s intestacy laws to distribute assets. Under Utah Code §75-2-102, heirs at law inherit by relationship. If an heir is a minor, the court safeguards their share through a guardian or custodian. Guardian of the Estate Utah Code §75-2-501 […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Utah?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Under Utah law, the probate court uses several checks to ensure an estate administrator performs duties properly and meets bond requirements. First, the court requires the administrator to post a bond before taking control of estate assets. Utah Code […]
Read article →Can a Personal Representative in Utah Seek a Commission on Estate Assets and Sale Proceeds?
Detailed Answer Under Utah law, a personal representative (often called an executor or administrator) may receive reasonable compensation for administering an estate, including a commission on estate assets and sale proceeds. In the absence of a written fee agreement with beneficiaries, the probate court calculates compensation under Utah Code § 75-3-708 (link). Many Utah courts […]
Read article →What Steps Are Required to Locate, Inventory, and Distribute Estate Assets and Settle Debts in Utah?
Understanding the Utah Probate Process: Locating, Inventorying, and Distributing Estate Assets Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Detailed Answer When a loved one passes away in Utah, the probate process ensures that assets are located, creditors are paid, […]
Read article →How do intestacy rules apply if no valid will is found in Utah?
Disclaimer: This is not legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer When a Utah resident dies without a valid will (intestate), Utah’s intestacy statutes in Title 75 of the Utah Code determine how the estate transfers to heirs. Specifically, Utah Code Ann. § 75-2-102 and § 75-2-103 outline the […]
Read article →Which Court or County Office Handles Estate Administration and Unclaimed Property Claims in Utah?
Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation. Detailed Answer In Utah, estate administration is handled by the District Courts rather than a county office. Utah is divided into eight judicial districts, each serving several counties. To open a probate […]
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