Probate Service Forms for Salt Lake

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FAQ

The Utah Code allows for probate to be filed up to three years after a person's death. If it has been longer than the allowed time, a special process will need to be followed.

How long do you have to apply for probate? You'll likely need to apply for probate within six months of the death of the person whose estate you're dealing with. Why? There's no time limit when you can apply for probate after someone has died.

Utah Code 75-3-307. The case must be filed within three years of the date of the decedent's death. If it has been more than three years since the decedent's death, parties will need to follow a different process for a determination of heirs, and should contact a probate attorney for help.

Settling an Estate in UtahFile a petition to have probate opened. The court will appoint an executor or approve one that has been named in the will. The executor or personal representative will notify the heirs and creditors. Even though it isn't required to notify creditors, doing so speeds up the process.

Probate can be complicated and expensive. Because the probate process can be complicated, many individuals find it necessary to hire an experienced Utah estate planning attorney. In the most simple cases, you may find yourself spending between $1,500 $2,000 in attorney fees.

In Utah, if the value of the entire probate estate does not exceed $100,000, the estate is considered a small estate, and it can be closed within thirty days after the death.