Detailed Answer
Managing an estate with assets in multiple Utah counties or jurisdictions triggers both primary and ancillary probate processes. Follow these steps under Utah law.
1. Identify Asset Locations
Create a complete inventory of real and personal property and note the county or jurisdiction where each asset is located.
2. Open Primary Probate
File a petition in the probate court of the decedent’s county of residence. Under Utah Code Ann. ’,’Utah Code Ann. § 75-3-201.
3. Open Ancillary Probate in Other Counties
For real estate or tangible property outside the domicile county, open ancillary administration where the property lies. Under Utah Code Ann. § 75-3-404, you may appoint an ancillary personal representative. See Utah Code Ann. § 75-3-404.
4. Coordinate Administration
Maintain communication between courts and liaise with local counsel. Provide certified copies of letters to ancillary courts to validate authority.
5. Distribute and Close Estates
Once you collect and liquidate assets, distribute proceeds per the will or Utah’s intestacy rules. File final accountings in each jurisdiction and request court orders to close estates.
Helpful Hints
- Keep a detailed asset and property location list.
- Obtain certified copies of letters testamentary for ancillary courts.
- Hire local counsel in each jurisdiction for court appearances.
- Monitor deadlines for tax filings and creditor claims in each county.
- Use consistent accounting for all administrations.
Disclaimer: This article provides general information about Utah estate administration. It is not legal advice. Consult a licensed Utah attorney for guidance on your specific situation.