Utah Release and Indemnification of Personal Representative by Heirs and Devisees
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How to fill out Release And Indemnification Of Personal Representative By Heirs And Devisees?
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FAQ
The period during which the personal representatives are settling the estate is called the period of administration. It starts on the day following the date of death of the deceased person and ends when the personal representatives have taken all the steps necessary to complete the administration of the estate.
As an Executor, you should ideally wait 10 months from the date of the Grant of Probate before distributing the estate.
Utah offers simplified probate procedures for smaller estates. Inheritors can skip probate completely if the value of the entire estate, after liens and encumbrances are subtracted, is worth $100,000 or less. All an heir has to do is prepare a short affidavit which states that they are entitled to a certain asset.
A personal representative is the person, or it may be more than one person, who is legally entitled to administer the estate of the person who has died (referred to as 'the deceased'). The term 'personal representatives', sometimes abbreviated to PR, is used because it includes both executors and administrators.
To be appointed the personal representative, an applicant must be at least 21 years old. See Utah Code 75-3-203. Although anyone may file a probate case, certain people have priority for being appointed the personal representative: Nominated in the will to be a personal representative.
Some of these may be more familiar than others. Two of the most common are the Executor and the Next of Kin, those not so familiar may be the Personal Representative, the Informant or the Administrator. This is what each of these roles entails.
Formal probate requires an in-court hearing, which the attorney (but not the client) is required to attend. Order determining heirs, which is appropriate when (a) the decedent's Utah real estate or other property located in Utah needs to be sold and (b) more than three years have passed since the decedent's death.
The Utah Code allows for probate to be filed up to three years after a person's death. If it has been longer than the allowed time, a special process will need to be followed.
Is there a time limit on applying for probate? Though there is no time limit on the probate application itself, there are aspects of the process which do have time scales. Inheritance tax for example, is a very important part of attaining probate in the first place and must be done within 6 months of date of death.
Starting from the date of death, the executors have 12 months before they have to start distributing the estate. This allows time to gather information on the estate and check for potential claims. The executors have no obligation to distribute the estate before the end of the year.