Experienced Utah Probate Attorney

If you’re planning ahead, there are several ways you can avoid probate. By creating a living trust, designating beneficiaries on accounts, and using joint ownership can bypass the probate process to facilitate the smooth transition of assets. You can learn more about our estate planning services here.

If you're dealing with a recent loss, we are here to help you determine if probate is necessary and provide guidance through every step of the process.

Probate is a legal process to settle a deceased individual’s estate through the probate court, ensuring assets are distributed according to their wishes and obligations are met. The probate process includes several key steps:

• Validating the decedent’s will (If there is one.)
• Appointing a personal representative to manage the estate.
• Paying debts and taxes owed by the estate.
• Distributing remaining assets to rightful heirs.
• Settling liabilities and transferring ownership of assets.
• Formally closing the estate.

Informal Probate 

Informal probate is the least complicated option, ideal for straightforward estates when there is low potential for disputes. Informal probate involves filing an application with the Probate Registrar together with the original will. After review, the Probate Registrar may grant the personal representative authority to collect, manage, and distribute the estate assets according to the terms in the will. 

If the decedent died intestate (without a will), informal estate administration may still be an option, but Utah law will dictate who will inherit the assets of the decedent. 

While informal probate or estate administration is the least complicated option, it is still prudent to seek the advice of a Utah probate attorney to guide you through the process, as mistakes can lead to personal liability. 

Formal Probate 

Formal probate in Utah is a court-supervised process used to verify the validity of a will, appoint a personal representative (executor), and resolve any disputes among heirs or beneficiaries. Unlike informal probate, which is simpler and typically used when everything is straightforward and uncontested, formal probate is necessary when there are complexities, such as questions about the will’s authenticity, disagreements over inheritance, or the need for court clarification on legal matters.

Supervised Probate 

Supervised probate in Utah is a process where the court actively oversees the administration of an estate to ensure all steps are handled according to legal requirements. This type of probate is typically used when there is a need for added transparency, such as when there are complex issues, significant disagreements among heirs, or concerns about the executor’s management of the estate.

In supervised probate, the court monitors key actions, like asset distribution, debt repayment, and final accountings, making sure all decisions are approved and properly documented. While it adds a level of oversight and protection, supervised probate can also be more time-consuming and costly because of the additional steps required by the court.

Small Estate Affidavits

If the estate's entire value is less than $100,000 and contains no real property (real estate), you may be able to collect the property using a small estate affidavit instead of opening probate.

Utah law also allows for the collection of up to four boats, motor vehicles, trailers, or semi-trailers using a Department of Motor Vehicle Survivorship Affidavit.

The cost of probate or trust administration depends on the complexity of each case. We provide flat rates for straightforward, uncontested probate cases and offer competitive hourly rates for more involved probate and trust administration services.

Timelines can vary, but we typically help clients close the estate within a year, with many cases concluding in as little as 7-9 months. We’re committed to working efficiently so that you can settle the estate promptly and fairly. While some probate attorneys may let cases stretch out to increase fees, we focus on helping you and your family complete the process as quickly as possible.

You are not usually personally liable for most of the decedent’s debts or expenses. The estate’s assets are used to cover valid claims, but not every debt is eligible for payment. We evaluate which debts and expenses need to be paid, and tell you when to pay them.

If preferred, we can manage all communications with family members or interested parties on your behalf. We’ll explain what each person will or won’t receive from the estate, helping to ease any potential tension or discomfort during the process.