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.
Category: Utah Probate
Utah Duty of Personal Representative to Provide an Inventory of the Probate Estate-Kathie Brown Roberts PC
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...
Utah Duties of a Personal Representative-Kathie Brown Roberts P.C.
Is Probate Necessary? What are Some Considerations in Utah? Kathie Brown Roberts PC
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...
In Utah, is probate possible after three years from the date of death of the decedent? Kathie Brown Roberts PC
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...
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...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...
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...
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. ...