Probate in Utah

The process for administering an estate is known as probate, and is generally carried out in the county where the estate owner (known as the decedent) lived. A separate probate will also be necessary in any other state in which the decedent owned real estate that is subject to probate. Utah has adopted the Uniform Probate Code, which tends to greatly simplify the probate process—at least if everyone is getting along. Here's an overview of probate in Utah:

Formal vs. Informal: There are two filing options for opening and closing estates in Utah: formal and informal. Which one is used generally depends on whether there are estate-related disputes or uncertainty regarding distribution of assets.

Informal: For uncontested estates where everyone is seeing eye-to-eye, you generally want to proceed under the informal probate process. Although the probate court retains a measure of oversight in informal probate, its involvement is kept to a minimum. The personal representative also has more flexibility in managing and distributing the estate. The lower amount of court involvement means the estate can be wrapped up in less time, with less work, and with less expense. In fact, although the court is involved, there are generally no actual hearings held in an informal probate.

Formal: For estates where matters are in dispute (such as the appointment of the personal representative, the validity or existence of a will, or the identity of the estate heirs/beneficiaries), the formal process for opening and/or closing the estate will be necessary. As its name implies, the formal process involves certain formalities that aren’t used in the informal process, such as appearance at court hearings.

Probate can also be supervised. In a supervised probate, the court is much more involved, and direct court approval is required for certain actions the personal representative could otherwise take without such approval. Supervised probate administration is required when the court feels that closer oversight is necessary, or when an interested party requests it because of concerns about the actions of the personal representative. A supervised administration can be ordered by the court regardless of whether there are disputes among parties to the estate.

The increased court involvement in the formal and supervised processes increases the time and effort it takes to administer an estate, but for the personal representative this can be viewed as a small price to pay for the protection that comes with the court’s approval of his or her actions. It’s also a benefit to heirs/beneficiaries who would have concerns about the personal representative being left unsupervised.

Filing a Petition: Regardless of whether probate is opened formally or informally, the process begins with filing a petition/application with the court to initiate probate and appoint a personal representative of the estate. If there is a will, the original signed copy will also need to be filed with the court.

Notice to Heirs/Beneficiaries: Once the petition/application is filed, notice is sent to all heirs and beneficiaries (or notice can be waived in writing). This notice provides an opportunity for interested parties to contest the will, if there is one, or to raise objections to the appointment of the proposed administrator. Interested parties can also petition the court to require a supervised administration of the estate.

Inventory and Appraisal: The personal representative is required to create an inventory of the estate assets with their fair market values as of the date of the decedent’s death. The inventory must be sent to those interested parties who request it, and it can be (but does not have to be) filed with the court.

Payment of Debts and Taxes: The personal representative may notify creditors of the decedent that the decedent has passed, and that claims must be filed within the proper timeframe or else they will be barred. Taxes as well as valid debts of the decedent that are properly asserted need to be paid from the assets of the estate prior to the distribution of any portion of the estate to heirs/beneficiaries. Taxes are especially important, and competent professionals should be hired to ensure they are handled correctly.

Closing the Estate and Distributing Estate Assets: Once the tasks of administering the estate are complete, the personal representative files a final accounting with the court detailing all income, expenses, and transactions of the estate. After payment of applicable taxes, allowed claims, and expenses of the estate administration, the remaining assets are distributed to the heirs/beneficiaries as specified in the will or under Utah's intestacy laws. If the estate is closed formally, a hearing will need to be held to approve the closing and distribution of the estate.

This outline is only a summary overview of the probate process, and necessarily omits steps that may need to be taken, and issues that may arise, over the course of the probate. Every probate is different, and this overview should only be considered general information, and not specific advice for any particular estate. It is essential to follow the probate laws and procedures correctly, as failure to do so can have serious negative consequences. It's also important to note that probate laws and procedures are subject to change. Consequently, most people seek the guidance of a knowledgeable probate attorney to help them navigate the process efficiently and to ensure compliance with Utah's probate code.