I have substantial experience assisting clients with the probate of Wills in Utah, including probate administration and related probate litigation, as well as other estate planning matters.

What is the probate process?

In Utah, probate is a court-supervised process where the final Will of a deceased person (decedent) is proved to be valid, the provisions of the will are given effect, an executor is appointed, and the decedent's estate is distributed to named beneficiaries. If the decedent died without a Will, the estate must be distributed to the decedent's next of kin in accordance with Utah's law of intestate succession.

Once a decedent passes away, I can help a beneficiary file a petition of probate with the court for an order that determines the time and place of the decedent's death and officially appoints the executor. Creditors, beneficiaries, and others are given notice and time to file claims against the estate.

After the petition is filed, a hearing is scheduled. If anyone objects to the petition or contests the Will, the hearing is used to resolve these issues. When a Will is upheld, the executor manages all aspects of the estate, including:

·         Inventorying assets

·         Paying creditors, bills, and taxes

·         Managing real property or businesses

·         Filing an accounting

Once the executor completes all of his or her duties a petition is filed to distribute the remaining assets to the beneficiaries.

The probate process can be complex and time-consuming, taking months or even years to complete. When issues are in dispute, the resulting probate litigation can make the process even longer. Examples of common probate disputes include the following:

·         Will contests

·         Fraud, undue influence, or incapacity

·         Beneficiary disagreements

·         Executor's breach of fiduciary duty or conflicts of interest

·         Accounting disputes