Trust and Estate Administration

In Utah, trust and estate administration can vary depending on a number of factors.  Most often, though, trusts are administered privately.  However, in some instances, court process like Probate, Guardianships and Conservatorships might be required.  They are all handled in probate court, a unique part of our legal system. In general, probate court is where you go to get authority to act on someone else’s behalf when they cannot do so on their own. What does it mean for someone to not be able to act on their own behalf? There are three scenarios that apply: 1) The person is deceased, 2) The person is incapacitated, and 3) The person is a minor child. Our attorneys represent clients in all types of probate, guardianship and conservatorship matters. Whether you are applying for appointment as personal representative, administrator, guardian or conservator, or whether you are someone interested in the estate of the deceased or the well-being of the protected person, our attorneys can help you navigate probate court quickly and effectively.

Probate In Utah

If you have recently lost someone close to you, let us first express our condolences. Losing a loved one can be the most difficult thing to experience. Having to deal with the probate process on top of the loss you have already experienced only adds to your stress and worry during this difficult time.

Probate is required in Utah for all estates in which the decedent owned more than $100,000 worth of property in their individual name. If the decedent owned real estate, then probate is required no matter the value of the property. Some property is not subject to probate. Life insurance proceeds, retirement account benefits, real property held in joint tenancy, and payable on death accounts, for example, can pass free of the probate process. Failing to file probate when it is required can lead to big problems down the road, especially when dealing with real property.

If you are wondering whether or not you are required to file probate, you should speak with a probate attorney. At Allegis Law, our probate attorneys are sensitive to your needs. They will help you to understand and navigate the probate process in a timely and efficient manner.

Guardianships and Conservatorships In Utah

Guardianships and conservatorships are generally required where a person is legally incapacitated (the definition of legal incapacity includes minor child status) and someone else seeks to have authority to act on their behalf regarding their own care and maintenance (guardianships) and their money (conservatorships). Guardianships and conservatorships are the state’s way of ensuring due process is provided before the individual’s liberty is taken away and someone else is given authority over them. The process usually involves several court filings, notices to the allegedly incapacitate and to other relatives, and an in-court hearing.

If you are seeking to be appointed as a guardian or a conservator or both, or if you are concerned about someone else’s attempt to become guardian or conservator over a close friend or relative, you should speak with a guardianship and conservatorship attorney to determine what your rights and responsibilities are. Our attorneys can counsel you and help you to navigate what might otherwise be a very confusing and difficult experience.

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