Detailed Answer
When someone dies without a valid will in Utah, their estate proceeds through intestate succession. To manage estate assets, a family member or interested party must obtain Letters of Administration from the probate court. To apply, you will typically file these documents in the county where the decedent lived:
- Petition for Letters of Administration – A formal request to the court, identifying the decedent, your relationship, and asking to be appointed personal representative. (See Utah Code § 75-2-201: le.utah.gov/xcode/Title75/Chapter2/75-2-201.html)
- Certified Death Certificate – An official copy issued by the state vital records office to prove the decedent’s passing.
- Affidavit or List of Heirs – A sworn statement naming all statutory heirs, their addresses, and relationships. (See Utah Code § 75-2-204: le.utah.gov/xcode/Title75/Chapter2/75-2-204.html)
- Renunciations or Consents – If other heirs defer to your appointment, they may sign written renunciations. Alternatively, all heirs can consent to waive bond.
- Personal Representative’s Oath – A short oath swearing to perform duties honestly under court supervision.
- Bond or Bond Waiver – Unless waived by all heirs, you must post a surety bond. (See Utah Code § 75-2-303: le.utah.gov/xcode/Title75/Chapter2/75-2-303.html & § 75-2-502: le.utah.gov/xcode/Title75/Chapter2/75-2-502.html)
- Filing Fee – Each county court charges a probate filing fee. Check the local court’s fee schedule.
Once these are filed and the judge approves, you will receive Letters of Administration. These letters grant you legal authority to collect assets, pay debts, and distribute property under Utah’s intestacy rules (Utah Code § 75-2-101 et seq.).
Helpful Hints
- Contact your county probate clerk to confirm local forms and fee amounts.
- Gather contact information for all potential heirs before drafting your affidavit.
- Obtain multiple certified death certificates—banks and agencies often require originals.
- If you expect bond requirements, shop for surety bond quotes early to avoid delays.
- Complete and file your inventory of assets within 90 days to remain in good standing.
- Keep organized records of all filings, notices, and correspondence with the court.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed probate attorney in Utah for guidance on your specific situation.