WESTWOOD LAW, P.C.
What is probate and when is it required in Utah?
Probate is the legal process used for transferring a person’s assets after they pass away. It makes sure that the right people receive the right property. It also makes sure all legal ownership is properly recorded and all debts are settled. In Utah, probate is required when someone dies with over $100,000 in assets in their name alone or if the deceased owned any real estate in their name alone, regardless of the value. Oftentimes financial institutions have their own policies that may still require a probate even if the value of the estate is under the statutory levels.
Other reasons probate may be required if:
- The deceased didn’t have a valid will
- The will has errors or is contested
- There are disputes among family members
- The title to property needs to be legally changed
- Creditors must be formally notified
If there is property that can’t legally transfer on its own, Utah courts require probate to make sure everything is handled correctly.
How long does probate take in Cedar City / Iron County?
Most informal probate cases in Utah take 6 to 9 months to complete. Simple cases with no disputes may close faster, while estates involving complicated estates, missing heirs, or disagreements between family members can take a year or more. If the estate is uncontested, an executor/personal representative can be appointed in a matter of weeks so that the family can start selling assets and administering the estate right away.
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.