Utah Petition for Order Determining Heirs
Description Petition To Determine Heirs
How to fill out Utah Petition For Order Determining Heirs?
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Petition For Determination Of Heirs Other Form Names
FAQ
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.
How long do you have to make a claim? The Act has a strict time limit for making a claim of six months from the date of the Grant of Probate or Letters of Administration. In very exceptional circumstances this may be extended to allow a late claim, but as a rule you must stick to the six month deadline.
An inheritance that remains unclaimed will pass on the next person in the line of intestate succession. If the nonclaiming individual was the last in the intestate line, the property will escheat, or revert to the state.
All of the heirs must sign. The only way to get around a deadlock like this is to have the succession representative sell the house.
If you are entitled to an inheritance, it doesn't just disappear if the probate case must be closed before you can receive it. Instead, it is deposited in a fund with the county in which the probate case was opened.
In many states, the required period is 120 hours, or five days. In some states, however, an heir need only outlive the deceased person by any period of time -- theoretically, one second would do.
As an heir, you are entitled to a copy of the Will, whether you are named as a beneficiary or not. If there is a probate estate, then you should receive a copy of the Will. If you do not, you can always get it from the court. If there is no probate estate, then the Will is not going to do anything.
Unfortunately, there is not much you can do if the person will not agree to settle or sell the home. There may be other legal tactics you can do, but generally, if the property must get sold (or you want to sell the home) and the other heirs do not, then a partition action may be your only option.
There is a strict time limit within which an eligible individual can make a claim on the Estate. This is six months from the date that the Grant of Probate was issued. For this reason, Executors are advised to wait until this period has lapsed before distributing any of the Estate to the beneficiaries.