Formal Probate

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Formal Probate in Utah

Formal probate is a court process that allows the deceased’s personal representative to transfer his or her estate to the chosen beneficiaries. Formal probates are necessary for any of the following circumstances: there are disputes, the decedent left wills or trusts, the heir is a minor, the will is being contested, or a person died intestate or without a last will and testament.

Understanding the Probate Process

Usually, the probate process involves the opening of estate planning documents by the probate lawyer, if he has any, and they are then filed in the probate court. The probate court will then appoint a legal personal representative, executor, or administrator who will be in charge of managing the estate without supervision. The courthouse will also probate a will or holographic will if there is one.

A formal probate proceeding requires both written notice and publication notice before the allowance of the formal petition. There are different probate forms you will need such as:

  • 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

If there are two probate proceedings going on at the same time in different states, an ancillary probate will be done for the deceased person. This option is used when the deceased estates are outside Utah at the time of death and probate has been filed there and the real property in Utah needs to be sold.

Types of Formal Probate

There are two types of formal probate administration: supervised and unsupervised.

Supervised probate administration requires taking the probate to court and undergoing the administration process. The executrix in charge of administering an estate will have to ask the court for approval before acting.

Unsupervised probate administration on the other hand allows the executor of the estate to be independent of the probate court unless there is a request for intervention in the administration process by the estate executor, devisee, heir, beneficiary, or from a creditor. This probate type is more preferred because it gives more privacy, is less expensive, and less time-consuming.

Advantage of Formal Probate

One benefit of going through formal probate rather than informal probate is the security and protection you enjoy since the estate administration is done in the court. After giving notice to a creditor that the estate is closed, all claims are immediately stopped even if some of the properties owned by the deceased have a life insurance policy. The appointed executor who will administer the estate will not be liable for any debts unless there is evidence of fraud.

Get Help from our Utah Probate Attorneys

Dealing with the death of a loved one can be emotionally draining and complicated, especially when an estate is involved. A probate attorney can walk you through the legal process and probate procedure in the most painless way possible. At Utah Child Custody, our probate attorneys can help through the probate procedure and make you feel secure during a stressful time. Contact us and to schedule a legal consultation!

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