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Settling an Estate in Utah File a petition to have probate opened. The court will appoint an executor or approve one that has been named in the will. The executor or personal representative will notify the heirs and creditors. Even though it isn't required to notify creditors, doing so speeds up the process.
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.
In Utah, the probate filing fees are $375.00.
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.
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.
Under Utah Code § 75-2-502, the basic requirements of a will are that it is written when you are of sound mind and that it is: In writing. Signed by the testator or in their name by another person in the testator's conscious presence with their consent. Witness and signed by two other individuals.
No, in Utah, you do not need to notarize your will to make it legal. However, Utah allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
Ing to Utah probate laws, you must enter probate if your estate includes property such as land, a house or mineral rights of any value or if the estate has assets with a net worth of more than $100,000.