A revocable trust allows you to maintain control of your property during your life, and decide how the property is distributed after death, without needing to go through probate court. Your trust can include your home and any other assets you have, making it a comprehensive solution for your entire estate.
Probate is required if: the estate includes real property (land, house, inium, 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.
Utah recognizes two types of written Wills. To be valid, it must be in writing, signed by you, or another person at your direction and in your presence, and attested in your presence by at least two credible witnesses over the age of 14.
You cannot avoid probate with only a will because wills cannot transfer property. This means if you have assets you want to pass to loved ones, it isn't covered in the will and a probate matter still has to be opened.
The case must be filed within three years of the date of the decedent's death. If it has been more than three years since the decedent's death, parties will need to follow a different process for a determination of heirs, and should contact a probate attorney for help.
Your spouse will inherit all of your intestate property if you die without descendants, or if all surviving descendants are from you and your surviving spouse. If you have a spouse and no descendants, your spouse will inherit everything.
Ask the County Clerk or search online for your county's probate forms. Fill out the forms with the requested details, such as the decedent's full name, address, date of birth, and date of death; their personal representatives' contact details; heirs; estate value; and more. Then return the forms to the County Clerk.
An executor is often named in a decedent's will, but they may also be appointed by a probate court after volunteering or being called upon to serve. If a decedent has not left a will, a probate court will appoint an executor if it finds that this is necessary.
You'll usually get the grant of probate or letters of administration within 12 weeks of submitting your application. It can take longer if you need to provide additional information. If you ordered copies of your probate document for use outside the UK, these will take longer to arrive than your UK copy.