Disclaimer: This article provides general information and does not constitute legal advice. For guidance on your situation, consult a qualified Utah attorney.
Detailed Answer
To begin estate administration in Utah, the personal representative must gather key documents and certificates. This process ensures a smooth probate and helps the court verify all assets, heirs, and liabilities.
1. Certified Death Certificate
Obtain multiple certified copies from the Utah Office of Vital Records. Courts and financial institutions require certified copies to open probate, transfer assets, and close accounts.
2. Original Will and Codicils
If the decedent left a will, file the original with the Utah probate court in the county of residence. Under Utah Code § 75-2-301, a petition for informal probate must accompany the will. Link: Utah Code § 75-2-301.
3. Evidence of Heirship
Identify and document all heirs. Provide birth certificates, marriage certificates, and adoption records when needed. This evidence supports distributions and helps avoid disputes.
4. Asset Information
Compile statements, deeds, titles, and account information:
- Real estate deeds and mortgage statements
- Vehicle titles
- Bank, brokerage, and retirement account statements
- Life insurance policies, annuities, and pension plan documents
5. Debts and Liabilities
List outstanding credit cards, loans, and bills. Gather final bills for medical care, utilities, and funeral expenses. These details help prepare an accurate inventory.
6. Inventory and Appraisal Documents
Under Utah Code § 75-5-501, the personal representative must file an inventory within three months of appointment. Collect appraisals for real estate, business interests, and valuable personal property. Link: Utah Code § 75-5-501.
7. Tax Records
Obtain prior federal and state income tax returns. Note any estate tax requirements. Utah imposes no state estate tax, but you may need to file Form 706 with the IRS if the federal threshold is met.
Helpful Hints
- Order at least 10 certified death certificates to avoid delays.
- Keep original documents in a secure location; use certified copies when possible.
- Track deadlines, including probate petition and inventory filing timelines.
- Notify Social Security, the IRS, and other agencies to stop benefits.
- Consult an attorney if you face complex assets or creditor disputes.