What if we need to sell a house or real estate of the deceased right away?

If the deceased person owned real property which needs to be sold right away, there is nobody who can sign for the deceased, unless the property was held in joint tenancy, or is in a trust where the trustee can sign a deed to the property.  If this is the case, a court needs to appoint someone to sign for the deceased in order to close the sale of a property.  It takes only a short time of about 2 weeks to initiate a probate procedure where a court can make this appointment to empower a personal representative to sign the deed conveying the property.  If you call our office at (801) 453-2000, we can make tell you what steps you need to first take with a free consultation.

What if the deceased did not leave a will?

When someone dies without leaving a will, then initiating a probate proceeding will be the next step to get a court to appoint a personal representative to sign deeds and to manage the assets of the deceased.  the person is said to have died “intestate.”  In this case, the Utah statute sets forth to whom an estate is to be distributed. In most cases the distributions will be to the surviving spouse, unless there are children of the deceased which are not the children of the spouse.  In such a case, the surviving spouse would receive the first $75,000.00, after which the surviving spouse would receive 1/2 of the remaining assets and the stepchildren the other 1/2 in most cases.  We can help you if you call our office for information about such an event.

Is probate always necessary?

Probate is necessary when there is an estate larger than $100,000.00, or if there is real property in the name of the deceased.  If the estate is less than $100,000.00 and there is no house or real estate, the personal property can be divided without probate.  Bank accounts, brokerage accounts and other liquid assets can be distributed in the manner in which the bank or brokerage directs, which is generally with proof of identity and by affidavit.  If you have a question, call our office and we can assist you with what may be necessary to get what you need or what a financial institution requires you to produce.

What is the difference between formal probate and informal probate?

You may have heard the terms formal probate and informal probate.  The only real difference between the two is that in formal probate proceeding, a court hearing is necessary to appoint a personal representative or administrator of the estate.  In most cases, a court hearing is not necessary when everyone agrees on who the court should appoint for a personal representative. To find out what type of proceeding is best in your situation, call our office at (801) 453-2000 and we can give you free information regarding what type of proceeding is best suited to your needs.

What if we cannot agree as to how property should be distributed?

When parties do not agree, knowing your rights and obligations under the law and the rights and obligations of other family members or others is the best solution to resolving difficulties.  Call our office at (801) 453-2000 for free information concerning what would be the best action to take. There is no charge for a consultation.