WESTWOOD LAW, P.C.
Probate Questions You Should Know in Utah
How much does probate cost in Utah?
Informal / Uncontested Probate: As is often the case, costs and fees of an informal probate can vary depending on the complexity of the case and the number of people involved. The standard court filing fee for a probate case throughout Utah is $375. For most informal probate cases, you can expect to pay around $2,000 – $3,000 in legal fees.
Formal Probate:
Because formal probate is much more complex and there is thorough involvement, the fees are much higher. The standard court filing fee of $375 remains unchanged; however, it is common for attorneys to ask for a $5,000-$10,000 retainer upfront and bill their hourly rate against the retainer. Flat-fee arrangements are uncommon in formal probate cases.
Can probate be avoided?
If someone passes away without a revocable living trust in place, probate can still be avoided if the deceased did some prior planning. Joint ownership with rights of survivorship or beneficiary designations on bank accounts and life insurance policies are called pre-testamentary transfers and will help avoid a probate. Additionally, pursuant to fairly new legislation, Utah also allows transfer-on-death deeds for real estate which will also avoid a probate if done properly. There can be some tax consequences and other potential pitfalls with pre-testamentary transfers, so consultation with a trusted attorney should always be sought before any estate plan is finalized.
What does an executor/personal representative actually do?
The executor, called a “personal representative” in Utah, is responsible for overseeing the estate. It is the executor’s duty to ensure bills and taxes are paid. The executor is also responsible for selling assets and distributing funds to the beneficiaries. It’s an important role, and it can be overwhelming, which is why many executors choose to work with an attorney to ensure everything is handled correctly.