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Filing Options. If filing a Utah probate cannot be avoided, the most common filing options are: Informal probate, which is generally appropriate for simple, uncontested estates and usually costs less than a formal probate because no attorney travel or in-court time is required.
An informal probate case may not be filed with the court until 120 hours (five days) have passed since the decedent's death. Utah Code 75-3-307. The case must be filed within three years of the date of the decedent's death.
Arguable the best way of avoiding Utah probate court is to create a revocable trust to hold your property. This type of trust allows you the utmost freedom as you manage your property. You can modify it, terminate it, add property to it, or take property out of it as often as you see fit.
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.
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.
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.
Formal Probate Petition for probate. Surviving Spouse, Children, Heirs at Law. The original will. Affidavit of witnesses. A certified copy of the death certificate. Proof of guardianship or conservatorship of an incapacitated person. Court fees and probate fees.
(1) Except as provided in Subsection (2) and in Sections 75-2-503, 75-2-506, and 75-2-513, a will shall be: (a) in writing; (b) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction; and (c) signed by at least two individuals, each ...