What is Probate?

What exactly is probate? Probate is the process of settling the affairs through court of someone who has died. Settling affairs includes transferring property to others that the individual owned and paying off debts. The general purpose of probate is to identify if the deceased person had a will and to be able to reconcile that person’s assets smoothly. If the deceased person did or did not leave a will, probate is still needed if the person left property that needs to be distributed to the correct heirs. The expense of probate varies, but the simplest cases cost around $1,500.

If the deceased individual has a trust, probate may or may not be required. It’s difficult to tell in these instances and the best way to figure out is to work with a probate lawyer. Generally speaking, if the land that the individual had is placed in the trust, you can probably avoid probate. However, the probate process could still be necessary if the individual did not put property in the trust, creditors file legal action, or if there is a minor child left by the individual and needs to have a guardian appointed to them. Another way to avoid probate is if the deceased person’s estate total less than $100,000. The heirs are then able to sign an affidavit and receive the property. Overall, if you feel overwhelmed, it may be best to find a Utah probate lawyer and work with them. Just remember that there is a three year time limit for filing a probate in Utah.