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The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened. The next step is to identify the executor or personal representative of the decedent's estate. If there is a Will, an executor will likely be named in it.
You cannot avoid probate with only a will because wills cannot transfer property. This means if you have assets you want to pass to loved ones, it isn't covered in the will and a probate matter still has to be opened.
Who may file. Anyone may file a probate case. To be appointed the personal representative, an applicant must be at least 21 years old. See Utah Code 75-3-203.
Formal probates cannot be challenged when they have been closed whereas informal probates can be challenged up to three months after the decedent has passed and the will probated.
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.
Ing to Utah probate laws, you must enter probate if your estate includes property such as land, a house or mineral rights of any value or if the estate has assets with a net worth of more than $100,000.
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.