Probate Hearings and Court in Utah

Probate Hearings and Court in Utah

If you are named the personal representative or executor of an estate in Utah, you may have questions about probate and probate hearings. You might not be prepared for how much detailed work is required after your loved one’s passing. For these reasons and others, an experienced probate hearing lawyer can help you to fulfill these responsibilities.

Probate, also known as estate administration, is a legal process used to settle the estate of a deceased person. Much of the estate settlement process occurs in a probate hearing with the exception of trust assets or life insurance payments that directly transfer to the beneficiary. If the deceased person’s prepared a last will and testament, the distribution of assets occurs as per their written directions. If the individual died without a will, this is considered an intestate case. In Utah, the court decides how the estate is distributed.

Probate Hearings in Utah

In a probate hearing in Utah, the executor must gather and value the estate’s assets, notify beneficiaries and heirs, contact creditors and pay bills, sell assets or property to settle debts, distribute the assets, file taxes, prepare and submit accounting statements, and close the estate.

Probate is sometimes resolved in a matter of months for a small estate or it may require a year or longer for a larger, more complex one. Other factors, e.g. commercial probate, may be triggered if the decedent owned a business. Ancillary probate may be a factor if the deceased person owned real estate assets or assets outside of the state of Utah.

TR Spencer & Associates helps clients to organize their estates to efficiently transfer assets to the deceased’s heirs. Your estate planning somewhat determines the eventual simplicity or difficulty in settling your affairs after death. Estate planning now makes it easier for the loved ones you leave behind.

Probate Court in Utah

Informal probate may be an option when the deceased leaves a last will and testament. However, a formal probate court may be necessary. Again, the probate court can be simple or it may result in litigation:

  • Matters may proceed easily when the hearing occurs soon after the initial petition is filed. Without objections, the Utah probate court issues an Order as well as letters to appoint the estate’s personal representative.
  • If the estate’s value is less than $100,000 in total, a small estateprocess is available. The assets of the small estate may be transferred without a probate hearing. A Small Estate Affidavit is required in that case.

Many personal executives feel it's an honor to oversee the wishes of your departed loved one. In order to best perform your role, you need an experienced probate hearing lawyer to simplify the probate process. Probate can be extremely confusing, and there's so much conflicting information about it. Let us make the process of probate less painful. Probate should be as simple as possible. That's why we recommend (1) Call Terry Spencer at TR Spencer & Associates, (2) Meet to discuss your matter, and (3) Relax as we guide you through the Utah probate hearing process.

If you have questions about estate planning or the probate process in Utah, contact Terry Spencer today.

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