In Utah, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (similar to a will), naming someone to take over as trustee after your death (called a "successor trustee").
One common method is to create a revocable trust. 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.
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.
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 best way to leave a property to someone is through a trust. That way it goes directly to him and bypass the probate process. Also, leave a will.
In Utah, probate can take anywhere from four to five months for an average estate to be settled.
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.
How long does the probate process take in Utah? That depends on the nature of the assets in the estate, and whether there are any objections to the appointment of the personal representative or the validity of the will. In most cases, however, the probate process takes approximately four to five months.