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(801) 254-9450 (801) 254-9450 Probate is the legal procedure used to manage a person’s assets and obligations after they die. The process varies depending on whether the deceased person had a last will and testament when they died. With the help of a dedicated estate attorney, it may be possible to resolve any delays and move this process forward efficiently.
If you have lost a loved one, a South Jordan probate lawyer may be able to help. From filing paperwork to organizing assets located in multiple states, reliable legal counsel could provide essential support during this challenging time.
When someone dies, their estate must be settled. This means their property is collected and distributed to their heirs in accordance with the law. This process usually occurs in probate court, where a judge oversees the case regardless of whether the deceased had a will.
There are several tasks that the court must address during this process. First, a judge will determine whether a last will and testament exists and, if so, assess its validity. They also appoint a personal representative to manage the estate throughout this process.
The court remains involved as the personal representative inventories the assets and appraises the property. They also hear contests or challenges related to the will, creditors, or beneficiaries.
The final step involves settling any valid claims or debts and distributing the remaining assets to the heirs. This distribution is determined by the terms of the will or, if no will exists, by state law. If you are facing probate court after losing a loved one, a South Jordan attorney can assist you through this process.
For many people, the main goal is avoiding probate court after they die. The issue with probate courts is that the process can be costly and time-consuming. It can take years for some beneficiaries to receive their inheritance, which can be reduced by legal fees and other costs.
An attorney can provide guidance not only on how to reduce delays during this process, but also on how to avoid it entirely. Using tools such as payable-on-death accounts, life insurance policies, and trusts can help keep most assets out of probate court. This can save time and money for future beneficiaries.
Another useful way to avoid probate is through the use of a small estate affidavit. When a person dies with few assets, their property can be distributed without the need for formal probate proceedings. However, this option is only available in limited circumstances.
First, the net value of the estate cannot be more than $100,000. Second, there cannot be a petition to appoint a personal representative pending or granted in Utah or any other jurisdiction. The court will not allow a small estate affidavit if other parties are attempting formal probate proceedings.
Finally, at least 30 days must have passed since the date of death to allow creditors or other interested parties to pursue a claim.
There are some exceptions for assets such as boats and trailers that may exempt them from the $100,000 threshold. A probate attorney can answer questions about whether or not this is an option for you.
If you are preparing for probate, it is vital to have the support of strong legal counsel. Mistakes can be costly and time-consuming, highlighting the importance of experienced legal representation. Contact a South Jordan probate lawyer today for more information.