Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in your jurisdiction for advice about your specific situation.
Utah does not use the terms “common form” or “solemn form” probate. Those classifications originate in other states, such as North Carolina. Instead, Utah law provides two primary probate processes plus a simplified small-estate procedure:
- Unsupervised Administration
In unsupervised administration, the personal representative (called an executor or administrator) carries out probate duties without regular court oversight. The court issues Letters of Administration after verifying the will (if one exists) and the decedent’s death certificate. The representative inventories assets, pays valid debts, and distributes property according to the will or Utah’s intestacy statutes (Utah Code §§ 75-3-101 to 75-3-805). This process is often faster and less expensive because it limits court involvement to initial filings and final account approval. - Supervised Administration
Supervised administration occurs when interested parties or the court request active court supervision of every step. The personal representative must file each transaction, including sales of real property, distributions to beneficiaries, and payment of claims. The court reviews and approves inventories, accountings, and distributions. Utah Code § 75-3-501 authorizes supervised administration. This route offers greater transparency and protection when estates are large or disputed but typically costs more in court fees and legal expenses. - Small-Estate Affidavit
Utah Code § 75-3-1202 allows a small-estate procedure when the total probate assets do not exceed $100,000 (minus liens). If eligible, heirs may collect assets by signing an affidavit under oath. Creditors have 30 days to file claims. After that period, assets can transfer directly to heirs without formal probate or appointment of a representative. This streamlined process saves time and money but only applies in straightforward cases with low asset value.
Key Statutes and Links
- Unsupervised Administration: Utah Code §§ 75-3-101 to 75-3-805 — le.utah.gov/xcode/Title75/Chapter3/75-3.html
- Supervised Administration: Utah Code § 75-3-501 — le.utah.gov/xcode/Title75/Chapter3/75-3-S501.html
- Small-Estate Affidavit: Utah Code § 75-3-1202 — le.utah.gov/xcode/Title75/Chapter3/75-3-S1202.html
Helpful Hints
- Identify all assets and debts before choosing a probate route.
- Determine whether you qualify for the small-estate affidavit to avoid full probate.
- Consider unsupervised administration to reduce court costs in straightforward estates.
- Opt for supervised administration if disputes or complex assets arise.
- Keep detailed records of all transactions and communications.
- Consult a Utah probate attorney to guide you through local rules and deadlines.