Utah Heirship or Descent Affidavit Questionnaire

Category:
State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Probate is required if: the estate includes real property (land, house, condominium, mineral rights) of any value, and/or. the estate has assets (other than land, and not including cars) whose net worth is more than $100,000.

This form may be used to collect the unclaimed property of a decedent without procuring letters of administration or awaiting probate of the decedent's will if you are entitled to the decedent's property under Section 13101 of the California Probate Code.

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.

Intestate Succession: Spouses and Children Inheritance SituationWho Inherits Your PropertyChildren but no spouse? Children inherit everythingSpouse but no descendants? Spouse inherits everythingSpouse and descendants from you and that spouse? Spouse inherits everything1 more row ?

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.

The estate has assets (other than land, and not including cars) whose net worth is more than $100,000.

Probate Code §§ 13100 ? 13115 provide for a summary procedure to transfer the personal property of a decedent without going through a probate action if the decedent's estate is valued at less than $150,000 and at least forty (40) days have elapsed since the death of the decedent.

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Utah Heirship or Descent Affidavit Questionnaire