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Probate is required if: the estate includes real property (land, house, condominium, mineral rights) of any value, and/or. the estate has assets (other than land, and not including cars) whose net worth is more than $100,000.
Generally speaking, probating a will should take less than a year, although in unfortunate cases it can take even longer. Some factors that can make for a longer probate process may include the following: Will contests challenging validity of the will and/or certain bequests.
Who may file. Anyone may file a probate case. To be appointed the personal representative, an applicant must be at least 21 years old. See Utah Code 75-3-203.
The case history with minute entries of public hearings; judgments, orders and decrees; and letters of appointment remain public unless made private by judicial order. All district court public documents available in an electronic format and filed since July 1, 2010 are now available on Xchange.
Probate can be complicated and expensive. Because the probate process can be complicated, many individuals find it necessary to hire an experienced Utah estate planning attorney. In the most simple cases, you may find yourself spending between $1,500 ? $2,000 in attorney fees.
Property that is held in a revocable trust will avoid probate. However, it is not sufficient to just have a revocable trust. The deceased person's property must be held in it when she dies. Once a person signs a revocable trust, she should immediately transfer her property to the trust.
In Utah, probate can take anywhere from four to five months for an average estate to be settled. More complex, larger estates can of course take longer, especially if there are any objections.