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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.
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.
The Utah Probate Code states that "formal testacy or appointment proceedings ... may [not] be commenced more than three years after the decedent's death.? Utah Code § 75?3?107.
Informal probate is a type of probate process that does not take the entire matter to court. Unlike a formal probate process, there are minimal involvements of the court such as the absence of court hearings or court order.
Create a revocable trust: The best way for Utah families to avoid probate is through the creation of a Utah revocable trust, also known as a living trust. The trust is ?revocable? which means it can be changed or terminated. They are called ?living? trusts because they are created while the person is still living.
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. Utah Code 75-3-107.
The probate court will oversee the process of gathering records, notifying creditors of the decedent's death, verifying the decedent's outstanding debts, determining if the deceased person left a will, determining who the appropriate heirs are, appointing a guardian for minor children, and finally distributing the ...
Closing. When the notice to creditors period has run, creditors' claims have been paid, and the estate has been fully administered, the personal representative can close the estate by filing the necessary documents with the probate court and by distributing the estate property to the appropriate heirs or beneficiaries.