Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Utah law, a personal representative (formerly “executor” or “administrator”) must follow a structured probate process to ensure estate expenses and creditor claims are handled before heirs receive distributions. Key stages include appointment, creditor notice, inventory and appraisal, payment of debts and administrative costs, and final accounting and distribution.
1. Appointment of the Personal Representative
An interested party petitions the Utah district court in the decedent’s county of residence. Once appointed by the court, the representative gains authority to manage estate affairs, including collecting assets and settling obligations.
2. Notice to Creditors
Within 30 days of appointment, the personal representative must publish a notice to creditors in a local newspaper and send direct notice to known creditors. This requirement comes from Utah Code Ann. § 75-3-801(1) and § 75-3-803(2).
3. Presentation and Allowance of Claims
Creditors have four months after first publication to submit claims. The representative reviews each claim, allowing or denying them in whole or part. Utah Code Ann. § 75-3-804(3) governs claim presentation, and § 75-3-806(4) sets the time for payment.
4. Inventory and Appraisal
The representative must file an inventory and appraisal of estate assets within 90 days of appointment. Utah Code Ann. § 75-3-701(5) requires a detailed accounting of real and personal property to determine available funds for claims and expenses.
5. Payment of Estate Expenses and Creditor Claims
After claims deadline expires, the representative pays funeral costs, taxes (including any Utah estate or death taxes under Utah Code Ann. § 59-10-1003), administrative expenses, and allowed creditor claims. State tax liabilities are prioritized under Utah Code Ann. § 75-2-708(6).
6. Final Accounting and Distribution
Once payments are complete, the representative prepares a final accounting for the court’s review. With court approval, remaining assets distribute to heirs according to the will or Utah’s intestacy rules (Utah Code Ann. §§ 75-2-103–75-2-112). A court order formally discharges the representative and closes the estate.
Helpful Hints
- File the petition for probate promptly to start creditor deadlines.
- Keep a running log of all notices sent and publications placed.
- Obtain accurate valuations from qualified appraisers.
- Verify allowed claims against supporting documentation.
- Consult tax professionals for estate and inheritance tax compliance.
- Maintain clear records for the final accounting to avoid disputes.