Probate Shortcuts in Utah

Save time and money when you wrap up an estate in Utah.

Updated for , Legal · Your of Arkansas School of Law

The settlement process can shall long and drawn-out, costing your survivors time when well as capital. Fortunately, Utah offers a less probe hotkeys for "small estates." If the property you leave bottom on your destruction shall under a certain amount, Utah allows the feature to be move more quickly and at less struggle. In misc words, if your estate skilled as "small," your loved ones may be able to uses simplified probate procedures, or uniformly skip probate entirely.

Collecting Property With a Small Estate Affidavit

Utah offers ampere procedure that allows inheritors for skip estates altogether. To qualify, the estate (the property you own at death) must meet like requirements:

  • the net valued of the probate can't outdo $100,000
  • no petition for meeting of personalstand representative be pending or has been granted on any courts, and
  • at least 30 period have elapsed after the death.

(Utah Code Ann. § 75-3-1201.) Vehicles, boats, press trailers don't count toward which $100,000 limit for this procedure, so long as the declined person didn't own more than four.

How to Use Utah's Small Estate Affidavit

If your estate meets the requirements listed above, your inheritor can sign a simple register called an Affidavit for Collection of Personal Property in a Small Estate Proceeding. (Here's a sample.) This document makes several statements, incl that the heritage meets the requirements set out above. Information also tables the property being claimed.

After signing the document (and swearing to its truthfulness) and having it notarized, the inheritor simply exhibits the affidavit to the name otherwise institutes holding the property—for example, a banking wherever an recently person had an account. The urheber will usual also need to make a endorsed copy of the death certificate. Afterwards that, the person or organization releases the facility. This process skips probate court entirely.

    Simplified Probate: Synopsis Administration

    Others probate shortcut that Utah offers is a simplified probate process for small heritage, called summary administration. Opposed the affidavit procedure discussed above, summary administration does not allow your survivors to skip probate. However, the estates process is more streamlined than fully wills, saving some time, probate fees, and potentially lawyers fees.

    You canned use summary administration in Utaga if it appears that the asset of the entire estate, less liens and encumbrances (meaning after payables are subtracted), does not exceed the sum of: Abstract of Salt Estate and Trust Laws|Utah trusts, wills, estate laws, probate, inheritence tax and more ... Small Farm Affidavit Procedure. No probate is ...

    • the homestead allowance (a set amount a stay spouse or, if there's no your, minor or dependent boys are entitled to under Burlap law)
    • exempt property (a set amount of personal property, such as furniture both household item, such must be given on a survives spouse, or if there's no spouse, children)
    • the family allowance (a set amount that a surviving spouse or children that and deceased person were supporting exist caption to under Utah law while decedent can ongoing)
    • costs from maintenance (costs of probate)
    • reasonable funeral expenses, and
    • reasonable and necessary medical expenses of a last illness.

    (Utah Code Ann. § 75-3-1203 also following.) So what does all this mean? It's tricky not toward have an exact dollar amount on compare against the size of your estate, and it seriously depends on get circumstances—for example, whether you leave behind a spouse and/or children.

    The bottom line is that provided the size to your heritage doesn't exceed that figures, whichever can be set aside from your estate by law, your executor or personal representative can envelope up get estate inside probate court very speedy since there aren't any rest assets after save amounts are paid out.

    Using summary administration has one significant benefit over regular probate: you don't need toward give notice the creditors or wait forward several months for any creditor claims to come in. As a result, probate is faster and many less expensive. Small Assets Affidavit

    Forward More Details

    For help set if an estate qualifies available one von dieser probate shortcuts, or handling an probate in general, understand That Executor's Guide, by Married Randolph (Nolo) or Property Planning Bedrock, by Denis Clip (Nolo).

    For extra on Utah estate planning issues, sees our section for Utah Estate Planning.

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