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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.
Property that is jointly owned with a survivorship right will avoid probate. If one owner dies, title passes automatically to the remaining owner.
Own property jointly. Making your spouse or someone else a joint owner facilitates the transfer of the asset without the need for probate. Some ways to hold such assets include joint tenancy with right of survivorship, tenancy by the entirety and community property with right of survivorship.
Joint accounts and joint title are widely-used ways to avoid probate. Married couples can own real estate or financial accounts through joint tenancy with right of survivorship. Some states also allow tenancy in the entirety for real estate to avoid probate.
Letters Testamentary or Letters of Administration A certified copy of this document can be presented to third parties - such as banks and insurance companies - to show that the named person has been appointed by the court as personal representative of the decedent's estate.
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.
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.
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.