When a person dies, the state needs a way to transfer the person’s property to their heirs. That process is known as probate in Utah and the rest of the U.S. Probate can be a straightforward and efficient process if the deceased person had an estate plan in place. However, if there was no estate plan or even a will, probate can be complicated and frustrating for families.
Probate in Utah – What You Need to Know
Probate varies depending on the circumstances
Utah law attempts to simplify the probate process. It gives information on informal probate on the Utah Courts site. The information is helpful and thorough. But at the beginning it states the following:
The primary focus of this page is on procedures when everyone involved is in agreement and cooperating. It does not include information or forms for litigating a probate case.
Probate can be relatively easy if the circumstances are right. But if the circumstances are not ideal – like if there is no estate plan or if there is a disagreement between those involved – then it can become difficult and complex very quickly.
Proper estate planning is important to avoid getting bogged down in probate
The tools available in estate planning, like wills and trusts, can help you and your family go through probate as smoothly as possible. In fact, some tools, like a revocable trust, can help you avoid probate altogether. But you must remember that these tools need to be utilized before the individual passes away. They can’t fix anything if they are not used in time.
If probate litigation is likely, you need a Utah probate attorney
Our Utah personal injury law firm is family-owned and operated. We are serious about helping our community and we want to save you as much money and hassle as possible. That’s why we provide resources like the link to the Utah Courts page on probate. It’s also why we seriously encourage everyone to speak to an estate planning attorney so they can access the tools to help them and their family.
Unfortunately, there are situations where you cannot avoid legal hassles – and a contested estate is one of them. If you are in disagreement with another party about an estate, such as the estate of your parent, then you need to talk to a lawyer sooner rather than later.
Questions About Probate in Utah?
If you have questions about probate in Utah, including how to avoid probate, please get in touch. And if you are facing a contested will or estate, we encourage you to contact us. The sooner we hear your story, the sooner we can help.