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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]

[1] "Interested person" includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person. It also includes persons having priority for appointment as personal representative, other fiduciaries representing interested persons, a settlor of a trust, if living, or the settlor's legal representative, if any, if the settlor is living but incapacitated. The meaning as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding. U.C.A. Sec. 75-1-201 (24).

[2] VA will pay up to $2000.00 for service connected death burial expenses and up to $749.00 for non service connected death burial expenses on a reimbursement basis to eligible decedents. 

[3]  SSA will generally pay a lump sum of $255.00  lump sum death benefit to a surviving spouse  living in the same household.

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| Phone: 801-572-0900

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