Settling Estates in Utah
Probate Law & Estate Administration
We handle the legal burden so you can focus on family — compassionate, responsive probate guidance for Utah families and those seeking Utah-specific counsel.
Novel Law provides efficient legal support, guiding personal representatives through Utah's court-supervised process of settling a deceased loved one's estate.
What can I do now?
If a loved one has recently passed, these are the immediate steps to take in Utah to protect assets and start the probate process.
- Locate the will and important documents (death certificate, account statements, titles).
- Contact the decedent's banks, insurers, and employers to notify them of the death.
- Secure real property and valuable personal property to prevent loss.
- Determine whether assets pass outside of probate (trusts, beneficiary accounts, joint tenancy).
- Assess known debts and outstanding bills — do not distribute assets before addressing valid creditor claims.
- Contact an experienced Utah probate attorney for help with petitions, notices, and court filings.
- Keep a careful record of communications and receipts related to the estate.
Frequently Asked Questions
What is probate?
Probate is the legal process that takes place after someone dies. It includes proving in court that a deceased person's will is valid, identifying and inventorying the deceased person's property, having the property appraised, paying debts and taxes, and distributing the remaining property as the will (or state law, if there's no will) directs.
Is probate always necessary?
Not all assets are subject to probate. Assets that transfer automatically to a new owner without a court order, such as property held in joint tenancy, assets in a living trust, or accounts with a named beneficiary (like life insurance or retirement accounts), can often avoid probate.
How long does the probate process take?
The duration of probate can vary significantly depending on the complexity of the estate, state laws, and whether the will is contested. A simple, uncontested estate might be settled in six to nine months, while a complex or contested one could take years.
What is the role of an executor?
The executor is the person or institution named in the will to manage the estate. Their responsibilities include gathering the deceased's assets, paying off any debts and taxes, and distributing the remaining assets to the beneficiaries as specified in the will.
What if there is no Will? Does the state take everything?
No, that is a common myth. If your loved one passed away without a Will (called "intestacy"), Utah law essentially writes a will for them. The law prioritizes the spouse and children. We simply ask the court to appoint a Personal Representative—usually a close family member—to distribute the assets according to these state laws.
If there is a trust, do I still need to go to court?
Hopefully not. The main goal of a Trust is to avoid probate court. If your loved one properly transferred their assets (like their home and accounts) into the Trust before they passed, we can handle everything privately through "Trust Administration." If some assets were left out of the Trust, we might need a brief court process to fix it.
Key Steps in the Utah Probate Process
Court Petitions & Notice
Filing the initial petition with the Utah District Court, officially opening the estate, and providing mandatory legal notice to all heirs and interested parties.
Asset Inventory & Valuation
Assisting the Personal Representative in identifying, securing, and formally valuing all probate assets, including real estate and financial accounts.
Debt & Creditor Claims
Managing claims made by creditors against the estate, ensuring all debts and taxes are legally settled before any final distribution is made.
Accounting & Closing
Preparing the final accounting for the beneficiaries and the court, and formally distributing the remaining estate assets to the rightful heirs or devisees.
Navigating Probate with Clarity
Probate can be emotionally and technically challenging. Blaine Edwards provides responsive communication and efficient legal management, ensuring you fulfill your duties quickly and correctly.
Starting the Probate Process?
Get personalized assistance with estate administration in Utah. Novel Law is ready to guide you through this critical process.