Detailed Answer
When a person passes away in Utah, the personal representative (PR) named in the will or appointed by the court must inventory and distribute the decedent’s assets. This process ensures heirs receive their share lawfully and creditors are paid.
1. Appointment of the Personal Representative
Before any inventory, you must file a petition for probate in the district court of the decedent’s county. Once approved, the court issues letters of administration or testamentary, granting the PR authority to act.
2. Gathering and Inventorying Assets
The PR locates all assets owned by the decedent—real estate, bank accounts, investments, personal property. Within three months of appointment, Utah Code requires the PR to file an inventory and appraisal with the court. See Utah Code § 75-7-404.
3. Notifying Creditors and Paying Debts
After inventory, the PR publishes notice to creditors and mails direct notices to known creditors. Creditors then have a limited time to file claims. Valid claims must be paid from the estate before any distribution. See Utah Code § 75-3-101.
4. Final Accounting
The PR prepares a final accounting showing assets collected, debts paid, expenses incurred, and net estate value. This document is submitted to the court for approval.
5. Distributing Assets to Heirs
Once the court approves the accounting and authorizes distribution, the PR divides the remaining estate according to:
- The decedent’s will (testate succession).
- Utah’s intestate succession laws if there is no valid will. See Utah Code § 75-2-103 for distribution order among spouses, children, and other relatives.
For general distribution procedure, refer to Utah Code § 75-3-104.
Helpful Hints
- Maintain clear records of all transactions and communications.
- Obtain professional appraisals for high-value property.
- Communicate regularly with heirs to manage expectations.
- Watch statutory deadlines for inventory (3 months) and creditor claims.
- Consider consulting a probate attorney to navigate complex estates.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always seek guidance from a qualified attorney about your specific situation.