A Personal Representative’s priority to serve is statutory and largely based on their relationship to the decedent.  For example, the highest level of priority to serve is that person nominated in the decedent’s testamentary documents.[1]  A surviving spouse who is also a devisee has priorities over other devisees.

The Personal Representative must create an inventory of estate assets within 90 days of appointment and distribute a copy of the inventory to all interested persons who request the inventory.  The values of the asset listed on the inventory shall be the values at the date of death of the decedent.  The inventory...

Generally, the standard of care required of the personal representative with respect to management of the assets of an estate is the same as required of a Trustee, exercising reasonable skill and caution and acting as a prudent investor.[1]  For example, with respect to management of assets a Personal Representative must...

In many cases where property is held in joint tenancy or paid on death to a beneficiary, there may not be a need for probate because the asset passes by operation of law to the survivor.  Determine whether titled assets exist that are in excess of $100,000.00 that need to be transferred.  Will...

An initial consideration in the probate process is the determination of when a decedent died and whether probate of a Will is even possible.  If the decedent died more than three years ago, a will may not be probated and the presumption of intestacy is final.[1]  However, the court has...

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...

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...