Probate In Utah

File Documents to Begin Probate
Probate in Utah begins when an individual files an Application or Petition for Probate.  An petition is filed if the probate is informal and a formal probate requires an application.  These documents inform the district court that there is a decedent and that the probate process needs to begin.  Both contain a request for the court to name a personal representative and validate the will.   There is a $360.00 filing fee for each document. 

The court also requires a Renunciation, a document that states that other individuals who have the right to serve as personal representatives are unwilling to do so.  This form is important because it gives the court the ability to quickly name a personal representative.

The district court will respond to these filings by naming a personal representative and validating the will with an Order in a formal probate or a Statement in an informal probate.  The personal representative must then accept the appointment, which the court acknowledges by issuing the Letters Testamentary.  

Create an Inventory

The personal representative then creates an inventory of the decedent's property.  The inventory will include fair market values of the decedent's personal property and real estate.  It also needs to contain any debts on the estate like mortgages and liens.

File Notice to Creditors

Utah state law requires that a personal representative publish a Notice to Creditors in a local newspaper.  A typical notice includes the name of the decedent, provides the personal representative's contact information and states that the creditors must make their claims against the estate known within three months or forfeit them.

Settle Claims against the Estate

The personal representative must also settle any claims against the estate.  These include but are not limited to federal taxes and debts, state taxes and debts, the cost of distributing the estate, hospital bills and funeral expenses.  

Distribute Estate

The personal representative ends the probate process by filing closing documents and distributing the remaining estate to the decedent's beneficiaries.  

All probates in the state of Utah must be a minimum of four months long.  Personal representatives and their attorneys are eligible for payment on an hourly basis or a flat fee. 

Probate can be a long and difficult process.  Cornerstone Homes is dedicated to helping you move forward.  Contact us today to see what we can do for you!