Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
To determine whether a decedent in Utah left a valid will or other estate planning documents, follow these steps:
- Search Personal Records: Examine the decedent’s home for files labeled “Will,” “Estate Plan,” or “Trust Documents.” Check desk drawers, filing cabinets, and safes.
- Check Safe Deposit Boxes: Review any safe deposit boxes rented by the decedent. Request access from the bank by presenting a death certificate and any required documentation.
- Contact the Decedent’s Attorney: Many individuals use an attorney to draft wills, trusts, and powers of attorney. Ask the attorney if they hold the original documents or a legal copy.
- Review Financial Institutions: Some banks or trust companies hold estate planning documents in safe custody. Contact relevant banks or trust departments.
- Utah Will Deposit: Utah law allows a testator to deposit a will with the clerk of the district court in the county of the testator’s residence. See Utah Code §75-2-502.
- File a Probate Petition: If you suspect a will exists but cannot locate it, file a petition with the local probate court. The court will search for a deposited will and notify relevant parties. See Utah Code §75-3-301.
- Public Notice: Publish a notice in a local newspaper to inform creditors and others with knowledge of estate documents to come forward.
- Search Probate Records: Some Utah counties offer online access to probate filings where wills may have been recorded or referenced.
If no will appears, the decedent is considered to have died intestate. Utah’s intestacy laws dictate asset distribution under Utah Code §75-2-103.
Helpful Hints
- Keep a checklist of all locations you search, including digital files and email accounts.
- Ask family members or close friends if they recall seeing or discussing estate documents.
- Check cloud storage or secure electronic vaults for scanned copies.
- Visit the county clerk’s office to confirm whether any will was deposited.
- Consider consulting an estate attorney to guide you through probate procedures and document searches.