Elder Law Attorneys Serving Salt Lake County, Utah

Utah Probate

Sunday, March 11, 2018

Priority Among Personal Representatives In Utah- Who Gets to Serve? Kathie Brown Roberts PC

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.Read more . . .

Tuesday, February 6, 2018

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 may be filed in court but does not have to be filed in court.[1]

Sunday, February 4, 2018

Utah Duties of a Personal Representative-Kathie Brown Roberts P.C.

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 “be evaluated not in isolation but in the context of the …portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the [estate]”[2].  A Personal Representative, generally is charged with possession of the estate; appraising the assets within the estate; paying obligations of the estate; distributing the assets of the estate to those entitled to receive such assets; and generally standing in the shoes of the decedent with respect to ongoing legal and business transactions that require wrap up.
Read more . . .

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.

Read more . . .

Monday, January 22, 2018

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 continuing jurisdiction to determine the property owned by a decedent at the time of death and can also appoint a fiduciary such as a special administrator to administer the decedent’s property.Read more . . .

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.

Read more . . .

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.
Read more . . .

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.


Read more . . .

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