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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 probate is the process for asking the court to appoint a personal representative for a decedent's estate without a hearing.
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 ...
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.
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.
A waiver of notice is a document individuals sign which legally waives their rights to receive formal notices regarding certain probate issues.
Closing the Probate Case. Concluding the probate requires the Personal Representative to provide a detailed account of the estate's management. This can be waived with mutual agreement from all involved parties. See Utah Code § 75-3-1003.