Elder Law Attorneys Serving Salt Lake County, Utah

Utah Probate

Monday, January 15, 2018

What Information Do I Need to Provide My Attorney for a Probate in Utah? Kathie Brown Roberts PC

During the initial intake process, either by telephone or in the initial client interview, the following categories of information will be required:

  • Death Certificate of Decedent;
  • Will (Original?  Codicil?  Exemplified copy from another jurisdiction?);
  • Names and addresses of Interested Persons[1];
  • Immediate needs for administration (preservation of the estate, perishable assets, animals);
  • Asset information (deeds, business interests, insurance policies, bank account information, tax return);
  • Creditor information (known creditors, anticipated creditors, credit cards);
  • Information on eligibility for Burial Benefits reimbursement by the VA;[2]
  • Information on determining eligibility for SSA lump sum death benefit or survivor’s benefits.[3]

Sunday, January 14, 2018

When is Utah the Correct Venue for Probate? Kathie Brown Roberts PC

The appropriate venue for a probate proceeding is either the county in which the decedent died, or if the decedent did not die in Utah, the county where the decedent’s real property is located.[1]  The appropriate venue for probate of a decedent’s estate where there is a nondomiciliary debtor is where the debtor resides. [2] The appropriate venue for probate of a decedent owning commercial paper, investment paper, and other instruments are located where the instrument is.

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Monday, January 8, 2018

Utah Probate General Description. Utah is a Uniform Probate Code State- Kathie Brown Roberts PC

The probate process is a system in Utah of court proceedings designed to collect and value assets of a decedent;  validate a will or determine heirs of a decedent;  provide an opportunity for creditors to submit claims against a decedent’s estate; provide payment of creditors’ claims;  and finally to provide an orderly framework of distribution to heirs and devisees.

            Utah is a UPC Jurisdiction.  The Uniform Probate Code (UPC) has been enacted in its entirety in 18 states according to the Uniform Law Commission.[1]  Utah enacted the Utah Uniform Probate Code in 1975 in Title 75 of the Utah Code.
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Saturday, January 6, 2018

Utah Small Estate Affidavit-U.C.A Sec. 75-3-1201-When it's appropriate-Kathie Brown Roberts PC

Probate is not necessary in certain limited instances even if certain titled property was left  solely in the name of the decedent upon death. Unfortunately, real property in Utah, if it remains solely in the name of the decedent upon death, does not qualify for collection by affidavit:

75-3-1201.  Collection of personal property by affidavit.

(1)        Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall pay the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(a)        the value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000;

(b)        30 days have elapsed since the death of the decedent;

(c)        no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and

(d)        the claiming successor is entitled to payment or delivery of the property.


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9045 S. 1300 East, Ste. 100, Sandy, UT 84094
| Phone: 801-572-0900

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