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Probate and Administration

Orem Probate and Estate Administration Lawyers Settle Your Loved One’s Affairs

Trustworthy, meticulous service facilitates asset transfers

Probate is the process for settling a decedent’s estate. The complexity of the process and the precise steps interested parties must take depend on several factors, such as the size of the estate and whether a valid will exists. If you have had a spouse, a parent, or a close relative pass away, you probably have all sorts of questions about how to proceed. The Utah courts certainly try to be helpful, but they cannot provide the personalized attention you need, nor can they offer legal advice. Fortunately, you can trust Skabelund Wirig & Loos in Orem to provide reliable advice and determined legal representation to address every issue that arises during the probate process.

Necessary steps in the Utah probate process

To settle an estate, the court assigns a personal representative, also called an executor or estate administrator. There are several ways to decide this threshold issue:

  • A valid will may name an executor — The decedent often designates a trusted person to act as executor. This could be an heir or a probate attorney, including the attorney who drafted the will. The designated person must be willing and available to serve.
  • An heir may wish to serve as executor — If the decedent did not designate an executor or the named person cannot serve, an heir who is at least 21 years old can ask the court to be appointed. If other heirs also wish to serve, the court appoints the person with priority under the law. Interested parties may also object to the appointment of a representative.
  • Heirs can request the appointment of a neutral third party — Complex estates require professional knowledge to resolve. Often, a family turns to a probate attorney with a solid reputation to advise the executor or to step into that role.

Once named, the personal representative must:

  • Contact heirs and creditors
  • Collect amounts owed the estate
  • Take inventory of all assets
  • Bring legal claims to court, if applicable
  • Defend suits in probate court
  • Pay any required taxes and settle debts
  • Distribute proceeds to the heirs

Depending on the size and complexity of the estate, the quality of the decedent’s estate planning, and the executor’s efficiency, the process can last several months to a few years.

Assistance in Orem with small estate affidavits

In Utah, if the total value of an estate is less than $100,000 and there is no real property, the estate does not have to go through probate. Instead of filing with the court, the decedent’s successor completes a small estate affidavit and submits the document to a third party, such as a bank, to transfer funds. Even with a small estate, an attorney’s advice can be very helpful in this process.

What is the cost of probate in Utah?

There are nominal fees for filing in the probate court to settle an estate. The true cost of probate is measured in time and losses due to mistakes and delays. An inexperienced executor faces a steep learning curve. If he or she attempts to settle the estate as a side job, the process can grind to a halt, causing frustration for everyone involved. It’s often best to turn responsibilities over to a professional who can move the estate swiftly through probate. At Skabelund Wirig & Loos, we have the knowledge and experience to avoid unnecessary delays so that heirs who depend on an inheritance to ease their financial hardship can benefit in a timely manner.

Contact our reputable Orem law firm for your probate needs

If you are looking for reliable advice and strong representation in probate court, Skabelund Wirig & Loos can help. To schedule a free consultation, call us at 801-788-4447 or contact our office online. We are conveniently located at 1149 West Center Street in Orem, just off I-15.

 

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Our Office
  • Orem Office
    1149 West Center Street
    Orem, Utah 84057
    Phone: 801-222-9700
    Fax: 801-224-9960