What documentation is required to apply for letters of administration in Utah?
Detailed Answer When someone dies without a valid will in Utah, their estate proceeds through intestate succession. To manage estate assets, a family member or interested party must obtain Letters of Administration from the probate court. To apply, you will typically file these documents in the county where the decedent lived: Petition for Letters of […]
Read article →How can someone determine if a probate estate has been opened for a decedent in Utah?
Determining if a Probate Estate Has Been Opened in Utah Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific situation. Detailed Answer When a person dies leaving assets, their estate may go through probate, a court-supervised process to transfer property and settle […]
Read article →What Information Is Needed to Request Estate Files from a County Probate Division in Utah?
Detailed Answer This section explains what you need to request estate files from a Utah county probate division. Probate records are maintained by the district court clerk in the county where the decedent lived at death. Under Utah court rules and state law, many probate files are public records. You must provide specific details to […]
Read article →Steps to Include Real Property in an Estate in Utah
Detailed Answer Including real property in a Utah probate estate requires careful planning and compliance with state law. Below are the primary steps to ensure property owned by a decedent becomes part of the estate and can transfer to heirs or devisees. 1. Confirm Decedent’s Ownership and Title Documents Locate the deed, mortgage, title insurance, […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Utah
Detailed Answer When you need estate records from a third party or custodian, you must ask the probate court to issue a subpoena duces tecum. Under Utah R. Civ. P. 45, you may compel a nonparty to produce documents and permit inspection at a designated time and place. In Utah, district courts handle probate matters […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner's death or divorce?
How can a former spouse or survivor assert entitlement to surplus funds following the owner's death or divorce? Detailed Answer When a property sells under foreclosure or court order, any funds remaining after satisfying the primary debt, costs and junior liens become “surplus funds.” Under Utah law, former spouses and surviving spouses (or other heirs) […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs? 1. Detailed Answer When an individual dies in Utah, the personal representative (PR) must pay funeral costs, creditor claims, and administration expenses before distributing assets to heirs. Utah Code § 75-3-307 requires that all claims and expenses […]
Read article →How to Distinguish Assets Belonging to a Deceased Person’s Estate from Those Held by a Corporation Established by a Relative in Utah
How to Distinguish Estate Assets from Corporate Assets in Utah If a loved one passes away and a relative runs a corporation, you may wonder which assets belong to the deceased’s estate and which belong to the corporation. Under Utah law, estate assets follow the Utah Uniform Probate Code, while corporate assets are governed by […]
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