Probate in Utah: What is it and why does it matter?

Probate is the legal process through which a deceased person’s estate is administered. This process includes validating the deceased’s will (if one exists), identifying and inventorying the deceased’s assets, paying any debts or taxes, and distributing the remaining assets to the rightful heirs or beneficiaries.

Probate applies to assets that are part of the deceased’s estate, which does not necessarily mean everything the deceased owned at the time of death.  Assets held in a living trust or as a joint tenant are examples of assets that may not be part of a deceased’s probate estate.  A living trust is a common way that people avoid the expense and delays of the probate process.

Many people incorrectly believe that if the deceased had a will naming them as a “personal representative” or “executor,” they have the immediate authority to take control of the deceased’s assets and act in accordance with the will. However, a will has no legal effect until it is determined to be valid by the probate court and “Letters Testamentary” are issued by the probate court.  Once Letters Testamentary are issued by the probate court, the Letters Testamentary provide the legal authority for the personal representative or executor to take action.

After Letters Testamentary are issued, the personal representative or executor’s job of identifying and inventorying assets, paying debts or taxes, and distributing the remaining assets begins.  There are specific rules governing how and when these actions must occur.  Once all of these actions occur, the estate may then be closed, and the personal representative or executor is discharged by the probate court from further duties.

In Utah, estates under $100,000 that do not contain any real property may be administered through a simplified process.  However, estates that exceed $100,000 or contain any interest in real property must go through probate court. 

If the deceased did not have a valid will, the deceased’s heirs are determined my a process called “intestate succession.”  The general probate procedures remain the same, and the heirs are determined by the default Utah law (as opposed to what the deceased’s wishes may have been). 

At Lieberman Siebers & Wood, we help clients in all aspects of the probate process.  We represent people tasked with probating a loved one’s estate as well as those seeking to challenge the actions of the personal representative or executor.  Contact us to set up a consultation to have your questions answered and to determine the best strategy for you and your family.