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How to navigate the Probate process

how to choose a probate lawyer

Losing a family member is an incredibly challenging time, and navigating the probate process can add to the stress.

When a person passes away, their assets must be disbursed according to their estate plan and, when applicable, state laws and probate. At EVN Law, our probate lawyer helps executors of Wills, or beneficiaries of an estate, through the probate process. Starting with identifying estate assets and ending with the distribution of assets and inheritances to the beneficiaries. Contact us by either using the online form, filling out our simple questionnaire, or calling us directly at 801-852-2333 and let us help you navigate through the steps with ease.

What Constitutes Probate in Davis & Salt Lake County?

Probate is the process by which a deceased person's assets and belongings, known as their estate, are passed on to their heirs and successors. It depends on your jurisdiction, but most matters related to wills, estates, conservatorships, and guardianships are handled by probate courts. 

Both the probate process and outcomes can look very different, depending on whether the decedent had a valid Will at the time of death.

The Early Stages of Probate

The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened. The next step is to identify the executor or personal representative of the decedent's estate. 

  • If there is a Will, an executor will likely be named in it.
  • If there is not a Will, a probate judge will nominate one. 

Once the executor is approved or appointed by the court, the executor must:

  1. Notify the heirs;
  2. Publish notice for any creditors;
  3. Take inventory of the estate (e.g. bank accounts, retirement accounts, stocks and bonds, real estate, personal effects); and
  4. Secure all assets.

How probate proceeds depends on whether there is a Will or not.

Probate with a Will

If the decedent died with a Will, the Will must be found, filed with the court, and authenticated before its terms are put into action. This process often involves a court hearing where parties named in the Will and parties not named but who would have inherited but for the Will are in attendance. During this hearing, an interested party may contest the Will. 

If there are no challenges to the Will, the executor must first pay off all debts of the estate. Once creditors are paid, the executor distributes the remainder to the beneficiaries in accordance with the Will. 

If the Will is challenged, then another hearing may be set. The challenger has the burden to prove the Will's invalidity. Challenges are often based on allegations of undue influence, fraud, or misrepresentation. Challenges are also brought forward when there is believed to be another Will invalidating the Will offered to probate court. 

If the court decides the Will is valid, the executor can pay debts, bills, and applicable taxes, and distribute assets. If the court decides the Will is invalid, it will apply the state's intestacy laws. On the other hand, if the court determines the other Will is valid, it will allow the executor to apply the valid Will (as opposed to the invalid Will). 

Probate without a Will

If there is no Will, the decedent is said to have died intestate. This does not mean their assets will not be inherited, it just means their property will pass to their heirs through their state's intestacy laws.

Once the executor has located all the decedent's assets and notified and paid the creditors, the probate judge will apply the state's laws of intestacy and distribute the estate to the decedent's heirs.

Do I need an EIN for Probate?

Some banks and financial institutions require you to have a tax id for an estate. It's a simple process and only takes minutes. Follow the step-by-step instructions HERE

The End Stage of Probate

Once debt and bills are paid and the remaining assets are distributed, the executor will submit receipts and records of everything to the court. At that time, the executor will ask the court to close the estate and release the individual from the role of executor.

Do You Need a Probate Lawyer in Davis or Salt Lake County?

Whether you need a probate lawyer depends on how well the estate plan was set up. While not always required, having a lawyer can help navigate the complexities of probate, especially if the estate is large or there are disputes. Regardless, a probate lawyer offers important services that can help speed up the probate process, which typically takes between six months to a year, sometimes longer for complex estates (although we tend to get simple probates done in about three months on average).

What are the first steps to begin probate?

First, you will want to obtain the death certificate and locate the will. Then Contact Us and we can start by filing a petition for probate with the probate court in the county where the deceased lived.

Contact a Probate Lawyer in Utah Today

We are here to help you with your estate plan, so that it survives any challenge during probate. If you are the executor or beneficiary of an estate, we can also guide you through the probate process. If you have questions, contact EVN Law either online or at 801-852-2333 to schedule with our estate planning lawyer today.

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