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Video Guide on Utah Estate Planning management

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Commonly Asked Questions about Utah Estate Planning

In Utah, if the value of the entire probate estate does not exceed $100,000, the estate is considered a small estate, and it can be closed within thirty days after the death.
Except as provided in Section 75-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which
Utah does permit handwritten wills (called holographic wills) but they usually are not a good idea.
Starting with the Utah Probate Court: Filing a Petition Decedents will (if available). Death certificate. Nomination of a Personal Representative or Executor. Request for formal or informal probate proceedings. Once approved, a judge takes charge of the probate process.
In Utah, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
In a Will, a settlor can specify the items above and even outline funeral arrangements. Whereas a trust can help make plans in the event of a disability and does not pass through probate. A will goes into effect only after your passing, a trust is in effect when it is created.
Who may file. Anyone may file a probate case. To be appointed the personal representative, an applicant must be at least 21 years old. See Utah Code 75-3-203.
Probate is required if: the estate includes real property (land, house, condominium, mineral rights) of any value, and/or. the estate has assets (other than land, and not including cars) whose net worth is more than $100,000.