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A court can always remove an executor who is dishonest or seriously incompetent. By Mary Randolph, J.D. It doesn't happen often, but beneficiaries who object to how an executor or administrator is handling an estate can ask the probate court to remove the personal representative and appoint someone else.

Friction between Co-Executors. Failure to Comply with Will's Terms. Non-Cooperation with a Vital Party or a Beneficiary. Neglecting or Mismanaging Estate Assets. Misconduct. Self-Dealing. Abuse of Discretion. Misappropriation of Funds.

An administrator will take title legally on the estate's assets, and has legal responsibility to file all tax returns and pay all related taxes.In certain cases, the administrator may have personal liability for any unpaid tax amounts due for the estate.

In Utah, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

In Utah, how long do I have to begin the probate process? You have up to three years after decedent's death to initiate the probate process. If more than three years have lapsed, you can no longer probate the will, and should instead file a determination of heirs to administer decedent's estate.

Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings. The estate is opened by an application and can be opened the day that the application is filed, or within a few days.

If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit. Beneficiaries can petition the court to have the executor removed from their positon if they can prove they should be removed for one of the reasons listed above.

A court petition can challenge an executor If families feel an executor has abused power, they must bring a petition to the court. The judge will put a different person in charge of will administration if misconduct has happened.

Utah Renunciation of Right to Administrate Estate

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