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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.
Informal proceedings means those proceedings conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative.
Property that is held in a revocable trust will avoid probate. However, it is not sufficient to just have a revocable trust. The deceased person's property must be held in it when she dies. Once a person signs a revocable trust, she should immediately transfer her property to the trust.
Formal probate is best when there are disagreements concerning the will or appointing a personal representative. This may be chosen when the estate is complex. Informal probate is less time-consuming and done at a lower cost. This is a good option if the assets are straightforward and there are no disagreements.
An informal probate case may not be filed with the court until 120 hours (five days) have passed since the decedent's death. Utah Code 75-3-307. The case must be filed within three years of the date of the decedent's death.
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.
Informal probate is the process for asking the court to appoint a personal representative for a decedent's estate without a hearing.
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.