Best Probate Lawyers in Salt Lake City

FAQs

• What is the non-emergency contact number for the local police station in Salt Lake City, Utah?

  Call (801) 799-3000 if you need a non-emergency response from the Salt Lake City Police Department.

• Where can I get a copy of police reports for incidents related to my case in Salt Lake City, Utah?

  Requests for police reports can be made online using the GRAMA portal on the website of the Salt Lake City Police Department. You can request reports at the service desk in the lobby of the police station from Mondays to Fridays 10:00 AM to 3:00 PM. You can also send mail to: Salt Lake City Police Department 475 South 300 East Salt Lake City, UT 84111 For all requests, complete the GRAMA request form which can be downloaded at the SLCPD website.

• When should you consult a probate attorney in Salt Lake City?

  It is recommended that a probate attorney be consulted when an estate's value, which includes employment death benefits and life insurance, exceeds $100,000. If an heir is old or incapacitated and does not intend to manage an estate, get in touch with a probate attorney. Additionally, when the case involves substantial disagreements among beneficiaries and business partnership or ownership, consult an attorney in Salt Lake City.

• Who may initiate a probate case in Salt Lake City?

  Anyone can start a probate case and the personal representative of an estate must be at least 18 years of age. The court will prioritize the appointment of personal representatives to the person named on the will, the surviving spouse, any beneficiary on the will, an heir, and a creditor. Probate cases are initiated at the Salt Lake City District Court in the Matheson Courthouse located at 450 South State St, in Salt Lake City, UT. 84114-1860.

• If you do not have a lawyer, can you ask for assistance from the probate court in Salt Lake City?

  Yes. Utah courts have Self-Help Center Services staffed with lawyers who can answer questions about the law, your options, and the probate process in Salt Lake City. It also provides instructions on how to complete forms, information about your case, and recommendations on low-cost legal services. However, the staff cannot represent you nor give legal advice. For more information on this service, send an email to selfhelp@utcourts.gov or call 888-683-0009 from Mondays to Fridays 11:00 AM to 5:00 PM.

• Are there alternatives to litigation in resolving probate disputes in Salt Lake City?

  Yes. The court requires parties to participate in mediation to resolve probate disputes in Salt Lake City. It may also require a pre-mediation conference and sends notices to all relevant parties involved. When mediation is already scheduled, the petitioner has to serve the notice to all relevant parties under the Utah Rule of Civil Procedure 5. If a settlement has been obtained, the petitioner must also notify all relevant parties in writing. If there are objections, a petition must be filed within seven days.

• How can challenges to a will interrupt an estate administration process in Salt Lake City?

  The estate management process in Salt Lake City can be disrupted if there are challenges to the will such as not being properly finalized or having more than one version of the will. If there are allegations that the decedent was coerced, under the influence of drugs, or suffering from dementia when the will was created, the matter may have to be resolved in court.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.