Utah Order of Formal Probate of Will, Appointment of Personal Representative and Other Matters

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Utah
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UT-KS-333-17
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A11 Order of Formal Probate of Will, Appointment of Personal Representative and Other Matters
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FAQ

No. The person must be appointed by the probate court as the personal representative and letters issued for the appointment as personal representative to be effective. California Probate Code §8400(a).To learn about the duties of a personal representative in California probate, click here.

It begins when a person, usually a family member, petitions the court to probate the estate and appoint a personal representative. The personal representative then administers the estate. This includes paying debts and claims against the estate, selling property (if required), and distributing assets.

In 2016, the filing fee for both an informal and formal probate in District Court statewide is $360.00. Attorney fees depend on the duration of probate and complexity of the estate, the existence of a Will and the location of real property owned by the estate.

A personal representative is appointed by a judge to oversee the administration of a probate estate.When a personal representative is nominated to the position in a will, he's commonly called the executor of the estate.

A beneficiary, or heir, is someone to which the deceased person has left assets, and a personal representative, sometimes called an executor or administrator, is the person in charge of handling the distribution of assets.

Personal Representatives is the collective name for either Executors or Administrators. Personal Representatives of someone who made a valid Will are called Executors. If someone dies without a Will (intestate) then the people in charge of their estate are called Adminstrators.

A personal representative or legal personal representative is the executor or administrator for the estate of a deceased person.For example, the person authorized to make health-care-related decisions for another person because the latter is very ill or not lucid is a personal representative.

An administrator is the person appointed by the court to administer the deceased person's estate where the deceased did not have a Will, no executor is appointed, or the appointed executors do not or cannot act. Executors and administrators are both commonly referred to as a legal personal representative (LPR).

To be appointed executor or personal representative, file a petition at the probate court in the county where your loved one was living before they died. In the absence of a will, heirs must petition the court to be appointed administrator of the estate.

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Utah Order of Formal Probate of Will, Appointment of Personal Representative and Other Matters