Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
When a person dies leaving assets and no probate proceeding exists in Utah, you must open an estate administration in district court. This process ensures that the decedent’s assets are properly collected, debts paid, and property distributed according to Utah law.
1. Confirm the Need for Probate
If the decedent’s sole-owned assets exceed $100,000 in personal property or include real property, probate is typically required. See Utah Code ”>
2. Prepare the Petition for Administration
The personal representative or heir must file a petition with the district court in the county where the decedent resided. The petition typically includes:
- Decedent’s full legal name, date of death and last residence
- Names and addresses of heirs and beneficiaries
- Estimated value and description of assets and liabilities
- Request for appointment as personal representative
See Utah Code § 75-2-102 (Contents of Petition).
3. File the Petition and Pay Fees
Submit the petition to the district court clerk along with a certified copy of the death certificate. Pay the required filing fee, which varies by county.
4. Provide Notice and Publish
Utah law requires notice to known heirs and publication of a notice of hearing in a local newspaper once a week for three consecutive weeks. Mail notice to known heirs at least 14 days before the hearing. See Utah Code § 75-2-105 (Notice of Hearing).
5. Post Bond (If Required)
The court may require the personal representative to post a bond to secure estate assets. The bond amount is based on the estimated estate value. See Utah Code § 75-3-201 (Bond).
6. Obtain Letters of Administration
After the court approves the petition and bond, it will issue Letters of Administration (if there is no will) or Letters Testamentary (if there is a will). These letters grant authority to manage estate assets.
7. Inventory and Manage Assets
Within three months of appointment, file an inventory of estate assets and liabilities with the court. Collect, safeguard, and manage assets, pay valid claims, and file proofs of claim as needed.
8. Close the Estate
Once debts and taxes are paid and assets are ready for distribution, file a final accounting and a petition for discharge. After court approval, the personal representative is discharged and the estate is closed.
Helpful Hints
- Check for a small-estate affidavit procedure if assets are under $100,000 (Utah Code § 75-2-801).
- Obtain multiple certified death certificates; many institutions require them.
- Identify and locate all potential heirs early to avoid delays.
- Review court websites for local forms and filing fee schedules.
- Consider consulting a probate attorney if the estate contains complex assets or disputes arise.