When a person dies with a will (or without a will) a legal process called probate must be completed to transfer the decedent’s property and resolve the decedent’s debts. Under Utah law, if the total estate is $100,000 or less, then probate can be avoided and the property transferred with a small estate affidavit. Otherwise, the decedent’s estate must be probated. Our experienced Utah probate attorneys can help you deal with the legal process surrounding this difficult time to help you reduce the stress and complexity.
When a person passes away, assets titled in their name (called the estate) will be distributed through a legal process called probate. Probate is essentially litigation to transfer the assets. During the probate process, a person applies to the court to be appointed as the estate executor, the decedent’s will (if any) will be verified and various actions will be taken to distribute the estate according to the deceased’s final wishes. When there is no will, the court will allocate the estate according to intestacy laws—State law that directs the property. Our experienced probate attorneys can help minimize the time, complexity, and time necessary to transfer your loved one’s property. Contact us today.
Not all property must be probated. Only property in the individual name of the decedent. Property that is owned jointly with a survivor generally (there are some exceptions) does not require probate. Property that was under the control of the decedent but was legally owned under a contract avoids probate. Examples of contracts that avoid probate include life insurance policies, retirement plans, and trusts. Instead, the property controlled by contract will be distributed according to the terms of the contract. If you are a trustee under a trust and need assistance in administering the trust after the death of the trustmaker, please contact us today.
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