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Sunday, January 28, 2018

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 small estate administration accomplish the goal?  Deeds, beneficiary designations and the will should be carefully read to ensure that this is the case. In cases where the primary asset is a family home held in joint tenancy, perhaps the only consideration is filing an affidavit of death of the joint tenant with the county recorder’s office.  Otherwise, probate proceedings will be required in order to transfer any real property in Utah held in some manner other than joint tenancy with right of survivorship and other titled assets held in the name of the decedent valued at over $100,000.00.[1]

[1] U.C.A. Sec. 75-3-1201 (1)(a)

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