Utah Petition For Order Requiring Production of Will
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How to fill out Petition For Order Requiring Production Of Will?
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FAQ
In Utah, probate can take anywhere from four to five months for an average estate to be settled. More complex, larger estates can of course take longer, especially if there are any objections.
Formal Probate Petition for probate. Surviving Spouse, Children, Heirs at Law. The original will. Affidavit of witnesses. A certified copy of the death certificate. Proof of guardianship or conservatorship of an incapacitated person. Court fees and probate fees.
The estate has assets (other than land, and not including cars) whose net worth is more than $100,000.
Arguable the best way of avoiding Utah probate court is to create a revocable trust to hold your property. This type of trust allows you the utmost freedom as you manage your property. You can modify it, terminate it, add property to it, or take property out of it as often as you see fit.
If you die without a will in Utah, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married and whether your spouse is also your children's parent.
Filing Options. If filing a Utah probate cannot be avoided, the most common filing options are: Informal probate, which is generally appropriate for simple, uncontested estates and usually costs less than a formal probate because no attorney travel or in-court time is required.
Utah does permit handwritten wills Utah Code § 75-2-502 but they are usually not a good idea. To finalize your will in Utah: you must sign or acknowledge your will in front of two witnesses, and. your witnesses must sign your will within a reasonable time after you signed or acknowledged it.
Procedure for court appointment of a guardian of an incapacitated person. An incapacitated person or any person interested in the incapacitated person's welfare may petition for a finding of incapacity and appointment of a guardian.