Probate Attorneys in Lehi, UT

Guiding Our Clients Through the Complex Probate Process in Utah

When we lose loved ones, we’re often left in a state of great pain and mourning. During this time, it can be difficult to imagine anything other than how to handle our grief and come together with other surviving family members. However, the law will not wait long, and estate administration must be handled promptly. Among the duties of a personal representative (also known as the executor or estate administrator) is to handle the probate process and close the decedent’s estate.

This can feel like an intensely impersonal legal matter, especially when you are still contending with extreme levels of grief. That is why it is highly recommended that you work with an estate lawyer with extensive experience handling Utah probate law. At Trusted Estate Planning Attorneys, our team has the legal knowledge and compassionate attitude necessary to help you through the probate process. We understand that the last thing you want to think about right now is preparing for probate court, so we urge you to leave this issue to our skilled probate lawyers. Call our Lehi law office today for a free consultation with a caring probate attorney.

How Does Probate Work in Lehi, Utah?

Probate is a common legal process that most estates must undergo after the estate owner’s death. The person responsible for initiating probate is typically the personal representative or executor of the estate. After all, the fundamental duties and responsibilities of the personal representative or executor are very similar to those of a trustee. Their duty is to protect and inventory estate assets, field creditor claims, and distribute assets to designated beneficiaries according to the last will.

They will do all this through probate proceedings, which usually include the following steps:

  • A petition will be filed with the probate court to begin the probate process
  • If a personal representative or executor was named in the will, that individual would petition the court to be named the estate administrator. If no such will exists or the named representative is unwilling to accept their responsibilities, the court will name an estate administrator of their own choosing. In most cases, this will be the surviving spouse
  • If a will exists, a notice to beneficiary designations will be issued. If no such will exists, a notice of statutory heirs will be issued
  • The personal representative will inventory and appraise the estate assets. If necessary, they will seek professional property appraisals
  • All the debts and creditor claims must be settled utilizing estate funds
  • Estate and income taxes will be paid, if applicable
  • Real property and other assets in the estate will be sold
  • The assets will be distributed to designated beneficiaries and heirs according to the final wishes of the deceased
  • The estate will be closed

If the steps involved in settling the estate seem overwhelming, especially after the sudden loss of a loved one, you’re not alone. Many families reach out to trusted probate lawyers for guidance with every step of the probate proceeding. If you have questions about federal and state laws regarding probate and estate law or are just not sure where to begin, feel free to call our Utah probate attorneys for legal counsel.

Is It Possible to Avoid Probate?

If your loved one had a last will and testament in place before their death, you might wonder if their estate can avoid probate. The answer is no, though a last will certainly simplifies the probate process and the transfer of estate assets. This is because the point of probate is to validate the will, or direct asset distribution if there’s no will and the decedent died intestate.

While you can’t avoid probate for a loved one’s estate after their death, you can do so for your own estate, as long as you create an estate plan ahead of time. After all, there are specific legal tools that allow your assets to pass directly to your beneficiaries without going through probate court. An estate lawyer will review your options with you if your goal is to help your loved ones avoid going through the complex probate proceeding in Utah.

An example of a legal strategy that lets you avoid probate is creating a revocable trust, also known as a living trust. When you make a trust, you decide which assets to transfer to it during your lifetime, and those assets will automatically pass to your designated beneficiaries upon your death. This estate planning tool is popular because it has several advantages, including asset protection for the surviving spouse, the ability to bypass probate, extra privacy for managing personal assets, and the creation of detailed instructions for transferring assets to beneficiaries.

Living trusts are just one way to avoid probate. An estate lawyer can inform you of your other options, such as joint ownership with the right of survivorship, payable-on-death accounts, beneficiary designations, and more. If you have questions about probate or estate law in Utah, our probate lawyers are here to provide the answers you need.

What Legal Services Can a Probate Attorney from Our Law Firm Provide?

At Trusted Estate Planning Attorneys, our Lehi, Utah legal team can help you through the probate process in several ways, as we realize how complicated it can be. This is especially the case when there are will contests based on undue influence or other legal issues that require litigation.

Some of the services our probate lawyers offer include:

  • Filing petitions to appoint personal representatives to probate wills
  • Evaluating the estate, real property, and assets
  • Helping to appoint an estate administrator if there is no will
  • Handling creditor claims against the estate
  • Assisting with legal matters related to guardianship and conservatorship
  • Providing legal guidance in the sale or transfer of businesses
  • Ensuring the personal representative fulfills their fiduciary duty
  • Representing your legal interests in a court of law when litigation is required

Our probate lawyers are eager to answer any questions you have about the probate process. We know filing estate taxes, paying debts, and handling disputes that arise can be challenging when you’re still grieving. If you need legal advice while settling the estate, call our probate lawyers today.

Are You Ready to Schedule a Free Consultation with an Experienced Probate Lawyer in Lehi, UT?

Our Utah probate lawyers have experience representing clients throughout the process of probate administration, and we would be proud to represent your interests throughout the entirety of your case. Whether you’re facing complicated will contests and need litigation help or are unsure how to begin paying taxes and other debts from the estate, our probate lawyers are here for you.

If you’re interested in learning more about our legal services, contact our Lehi law firm to speak with compassionate probate lawyers. We offer every client a free 30-minute consultation with a trusted probate lawyer, so call 385-993-3523 to get started on your case.