Lehi Probate Attorneys

Helping 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 in due time. Among the duties of a personal representative (also known as the executor or estate administrator) is to handle the probate process and close the estate of the decedent. 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.

The fundamental duties and responsibilities of the personal representative of an estate are very similar to those of a trustee. The personal representative’s duty is to protect and inventory estate assets, field creditor claims, and distribute assets according to the last will (if there is a will) to designated beneficiaries. One way to ensure that the state administration proceedings go smoothly is to retain professional legal counsel from probate attorneys.

How Does Probate Work in Lehi, Utah?

Every probate case is unique, but most include many of 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 if the named representative is not willing 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, professional appraisals will be sought.
  • Creditor claims and outstanding debts must be settled utilizing estate funds.
  • Payment of estate taxes, if applicable.
  • Sale of real property and estate assets.
  • Distributing assets to designated beneficiaries and heirs according to the final wishes of the deceased.
  • And finally, the closing of the estate.

How Can You Avoid Probate?

While a last will and testament simplifies the probate process and the transfer of estate assets, it does not avoid probate.

The most surefire way for Utah families to avoid probate is by creating a revocable trust (also known as a living trust). There are several advantages to this estate planning tool, including asset protection for the surviving spouse, the sidestepping of the probate process, extra privacy for the management of personal assets, and the creation of detailed instructions for the transfer of assets to beneficiaries.

What Legal Services Does 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 different ways.

These include:

  • Filing petitions to appoint personal representatives to probate wills.
  • Evaluation of the estate, real property, and assets.
  • If there is no will, we can assist with the appointment of an estate administrator.
  • Handle creditor claims against the estate.
  • Assist with legal matters related to guardianship and conservatorship.
  • Provide legal guidance in the sale or the transfer of businesses.
  • Ensure that the personal representative fulfills their fiduciary duty.
  • And represent your legal interests in a court of law.

Schedule a Free Consultation with an Experienced Probate Lawyer in Lehi, UT, Today

Our Utah legal team has knowledge and experience representing clients throughout the process of probate administration, and we would be proud to represent your interests throughout the entirety of your case. To learn more about our legal services, please get in touch with our Lehi law firm to schedule your free 30-minute consultation today. 385-993-3523.