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Formal probate is the process for asking the court to appoint a personal representative with a hearing, usually because there is some disagreement about who should be the personal representative or how the estate should be administered and the interested parties need to the court to make decisions.
If there's a will without a named executor, the court will issue a Letter of Testamentary; if there's no will, the court will issue a Letter of Administration. Present either of these letters to the bank along with the death certificate to close the account.
Your valid ID, such as a state-issued driver's license or ID card, U.S. passport, or military ID. Proof of death, such as certified copies of the death certificate. Documentation about the account and its owner, including the deceased's full legal name, Social Security number, and the bank account number.
After someone dies, a sole-owned bank account may go to a named beneficiary or be handled by the executor of the estate. Joint accounts typically have automatic rights of survivorship, but it's still important to check with your bank to ensure smooth access to funds.
Formal probate is more time-consuming and expensive than an informal probate, and it's sometimes required to complete the distribution of the estate and assets and close out debts. Under some circumstances, the judge may require the court-appointed representative to post a bond.
For uncontested and informal probate cases, you can expect the estate to be settled in six to eight months, assuming the personal representative completes their duties in a timely fashion. However, more complicated estates and those going through formal or supervised probate can take much longer to settle.
The probate petition typically consists of an application to be officially appointed as the executor, the death certificate, and the original will. A petitioner must ask the probate court to officially be appointed as the executor regardless of whether the decedent's will has named them as an executor.
Except as provided in Section 75-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which ...
Closing the Probate Case. Concluding the probate requires the Personal Representative to provide a detailed account of the estate's management. This can be waived with mutual agreement from all involved parties. See Utah Code § 75-3-1003.