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In fact, Utah requires that a deceased's original will be filed with the county clerk and, if probate is necessary, presented to the probate court.
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.
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.
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.
A small estate affidavit is not filed with the court. Instead, the decedent's successor fills out the form, signs it in front of a notary, and gives it to any third parties, such as the bank.
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.
A probate case may be filed in the district court of the county where the decedent lived at the time of death, or in the district court of the county where the decedent owned property. Utah Code 75-3-201. Are you filing in Utah County? If yes, you must file your papers with the Provo Courthouse.