14 purposes of a Utah probate

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14 purposes of a Utah probate - orange line

Many people ask our Utah probate lawyers why a probate is needed. To help you understand the reasons for a probate, we have identified these fourteen reasons for filing a probate in Utah.

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Fourteen purposes of a Utah probate
1. To identify the heirs and beneficiaries of a deceased person, who is called the “decedent” in Utah probate law.
2. To notify all interested persons of their rights in wrapping up the affairs of the decedent under the Utah Probate Code.
3. To appoint someone as “Personal Representative” of the estate (called an “executor” or “administrator” in many states) to make decisions, sign documents, and act as directed by law and the court to wrap up the deceased person’s personal and financial affairs.
4.  To gather all records concerning the affairs of the decedent.
5.  To find and gain control of all the property owned by the deceased at the time of death.
6.  To find and verify all of the outstanding debts owed by the deceased.
7.  To determine if the dying person (usually called the “Decedent”) left a valid last will describing his or her desires regarding the estate.
8.  To determine who should be heirs of the decedent’s property if he or she left no will.
9.  To decide and resolve disputes with a court order, including disputes over the validity of a will, the person who should be Personal Representative, the property of the estate, the validity of debt claims, reporting of the estate, and all other important disputes relating to the estate.
10. To sell property of the decedent so the debts can be paid and the inheritances can be distributed.
11. To pay all of the valid debts of the estate to the extent possible with the available money and property after the costs of probate.
12. To nominate and appoint a guardian for minor children of the deceased if the children have no other living parent. (Appointment of a Guardian can be accomplished either in the probate action of the estate of the deceased or in a separate guardianship proceeding.)
13. To distribute all of the remainder of the deceased’s property to the proper heirs and beneficiaries.
14. To report all of the financial details of the estate and probate, and all of the decisions and actions of the Personal Representative to the heirs, the creditors and the court.
 

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