Utah Probate Lawyers

Offering Experienced Guidance Through Probate Proceedings

At Pearson Butler, we understand that the loss of a loved one is an extremely difficult time – one in which you do not want to be working through legal matters. If not strategically planned, your emotional grief may be compounded by the added strain of legal and financial matters, specifically those related to probate.

If you need guidance and advice during probate – whether as an estate administrator, beneficiary, heir, or other interested party – you can count on our team at Pearson Butler to deliver knowledgeable insight. Our probate lawyers understand the ins and outs of probate proceedings in Utah, intestacy laws for those who pass without a will, and so much more.

With Pearson Butler on your side, you can navigate probate with the least amount of stress possible, not to mention experience the immeasurable benefit of avoiding common missteps or errors that could cause serious delays or problems during already trying times.

To learn more, call our team at Pearson Butler today at (800) 265-2314 or contact us online today.

What is Probate?

Probate in Utah refers to the legal process through which a deceased person's estate is administered and distributed under court supervision. Here's a breakdown of what probate involves in Utah:

1. Opening the Probate Case: The probate process begins with filing a petition with the Utah probate court. This is typically done by the executor named in the deceased person's will or by an interested party if there is no will (intestate).
2. Appointment of Executor/Administrator: If the court accepts the petition, it will appoint an executor (if there's a will) or an administrator (if there's no will) to manage the estate. This person is responsible for gathering assets, paying debts and taxes, and distributing assets to beneficiaries according to the will or state law.
3. Inventory and Appraisal: The executor/administrator must create an inventory of the deceased person's assets, which involves appraising the value of significant assets like real estate, investments, and personal property.
4. Notifying Creditors and Paying Debts: Notice must be given to creditors of the estate, allowing them to file claims against the estate for unpaid debts. The executor/administrator must pay valid debts and taxes owed by the estate using estate funds.
5. Distribution of Assets: Once debts, taxes, and expenses are paid, the remaining assets are distributed to beneficiaries according to the terms of the will or Utah intestate succession laws if there's no will.
6. Closing the Estate: After all tasks are completed and approved by the court, the executor/administrator can petition to close the probate estate.

Comprehensive Probate Services to Address All Your Needs

Serving clients across Utah, Pearson Butler's probate services include:

• Opening the estate;
• Preparing an inventory of assets;
• Handling creditor claims;
• Filing necessary reports and tax returns; and
• Discharging all other responsibilities of the estate executor/administrator.
• Preparing and validating the Last Will and Testament or living will;

Because of our expansive experience in probate proceedings, our attorneys can provide comprehensive estate planning, probate, litigation counsel, and even providing representation on cases regarding a contested will or dispute involving a beneficiary’s claim to property. Immediate and long-term consequences of every action will be considered, and your counsel will be tailored to suit your needs while facilitating a positive result.

Why Does Utah Have Probate Proceedings?

Utah has probate proceedings to ensure the orderly transfer of a deceased person’s property. The probate proceedings ensure that the personal representative:

• Pays the deceased person’s debts and taxes
• Protects the deceased person’s estate
• Resolves who receives which assets and disburses the property

Avoiding Probate with Estate Planning

Probate can be a lengthy and costly process that can cause additional stress and burden for your loved ones after your passing. Fortunately, there are ways to avoid probate through effective estate planning. At Pearson Butler, our Utah probate lawyers can help you create a comprehensive estate plan that can minimize or even eliminate the need for probate proceedings.

The benefits of avoiding probate through estate planning include:

• Privacy: Probate proceedings are a matter of public record, meaning anyone can access information about your assets and beneficiaries. By avoiding probate, you can keep your financial affairs private.
• Time and cost savings: Probate can take months or even years to complete, and the associated legal fees and court costs can quickly add up. With proper estate planning, you can streamline the transfer of your assets and potentially save your loved ones from unnecessary expenses.
• Asset protection: By utilizing trusts and other estate planning tools, you can protect your assets from creditors, lawsuits, and other potential threats.
• Smooth asset distribution: With a well-crafted estate plan, you can ensure that your assets are distributed according to your wishes, without the need for court intervention.
• Minimized family conflicts: Probate proceedings can sometimes lead to disputes among family members, causing unnecessary tension and strain. By avoiding probate, you can potentially reduce the likelihood of conflicts and maintain family harmony.

Here are some strategies to consider:

• Revocable living trust: By placing your assets into a trust, you can maintain control over them during your lifetime while designating beneficiaries who will receive them upon your passing. Since assets held in a trust do not go through probate, this can save time and money for your loved ones.
• Joint ownership: Owning property jointly with rights of survivorship allows the property to automatically pass to the surviving owner without going through probate.
• Beneficiary designations: Certain assets, such as life insurance policies, retirement accounts, and bank accounts, allow you to name beneficiaries who will receive the assets directly upon your passing, bypassing probate.
• Gifts: By gifting assets to your loved ones during your lifetime, you can reduce the size of your estate and potentially avoid probate for those assets.

Our Utah probate lawyers are dedicated to helping you navigate the complexities of estate planning and probate. Contact us today to schedule a consultation and take the first step towards protecting your assets and securing your family's future.

Call (800) 265-2314 today to arrange a private consultation and review of your probate needs.