Probate

Probate

St. George Utah Probate Attorneys

What is a Probate?

A probate is a process where the person named as the personal representative of your estate fills out papers in Court following your death.  The personal representative proves the validity of your will and presents the Court with a list of your assets, debts, and information on who is to inherit your property.  Following this process, relatives and creditors are notified of the probate.

Depending on how large and complicated the estate is, the probate process can take a few months to a year.  During this time, the personal representative must find, secure and manage the assets.  The will may direct the personal representative to sell your real estate or liquidate your assets.  In other cases, the personal representative will begin the process of transferring property to those named in the will.  Additionally, the personal representative will also be responsible for paying any outstanding debts.  If you die without a will, a judge will appoint a personal representative.  If you are concerned about how this, it is in your best interests to name an executor in your will.

Duties of Personal Representative in Probate

The personal representative of an has a number of duties that need to be performed as part of the probate process.  They include the following:

  1. Proving the validity of the will

  2. Inventorying the deceased person’s property
  3. Having property appraised
  4. Paying debts and taxes
  5. Distributing property as directed in the will

Are Probates Necessary?

Generally speaking, probates are costly and thus diminish the assets of the beneficiaries.  In cases where the estate is complicated and there are numerous creditors and debts to be cleared up, probate is a good solution.  Probates are best for people who are 50 years or older, in poor health, or have a significant amount of property that needs to be divided up. In some cases, probates can be settled through a mediator.  If all parties cannot come to agreement though a mediator, the case will continue through a formal probate process.

For estates that do not exceed $100,000 (after subtracting debts and liens) heirs may collect the property of the decedent by signing an affidavit rather than going through the probate process.

The death of a loved one is tragic enough without the added stress of a protracted probate process.  However, there are some instances where probate is necessary, especially in cases where there are significant assets or debts that need to be cleared up.  At the Park Law Firm, our knowledgeable, compassionate staff has successfully handled numerous probate cases.  We understand the complexities of the law and will work hard to make the probate process go as smoothly and quickly as possible.

If you have questions about probate, call the Park Law Firm.  We’re ready to help resolve your issues.  Call the Park Law Firm today.