The time it takes to settle an estate in Utah depends on the assets involved, whether or not anyone objects, and may take several months or a great deal longer. Probate is a legal process that is involved in the administration of an asset and debts following a death. According to Utah Courts, the personal representative will gather assets, pay creditors and taxes and then distribute the remaining assets to the beneficiaries. The simple, uncontested estate can proceed smoothly, but the complex estate might take a lot longer.
Starting the Probate Process
This timeline begins once the death and preparation of the necessary paperwork has taken place. An informal probate case is not allowed under Utah law until 120 hours have passed since the death. Typically, the application contains paperwork like the death certificate, and needed court forms. Complete documentation and willing participants will enable the court to serve as a personal representative without a contested hearing. If there are disputes regarding the appointment or administration of the estate, the formal probate process may be longer.
Identifying Assets and Debts
The personal representative’s first task is to collect assets of the estate and identify any outstanding debts. This can be bank accounts, real estate, investments, vehicles and personal property. The representative also can have to deal with mortgages, taxes and other honest debts. The law of Utah requires the personal representative to act “promptly” on settlement and distribution. The actual time frame will vary, however, based on the speed at which assets can be found and appraised and any other additional documents that may be needed.
This is called the Creditor Claim Period
There can be a significant delay in estate administration if there are creditor issues. Utah has deadlines for bringing claims against an estate. Applicable period will be based on situation and statutory requirements. After the applicable limitation, the personal representative may act on allowed claims, and may make appropriate provision for unpaid claims. This could mean that a creditor’s estate might take longer to wind up than a solvent estate. The proper execution of creditor claims may help avoid problems after the bankruptcy proceeding is finished.
What Can Make Probate Take Longer?
No one estate in Utah has a single “timeline.” According to the Utah State Bar, the probate process in practice typically takes anywhere from one to two years, but can be significantly longer depending on the case. In real estate sales tax, administration can be extended by missing assets, creditor disputes or even from disagreements amongst family members, and formal court proceeding. A complicated estate may be benefited by advice from a utah probate attorney to help them understand what is involved in the process and to learn about possible delays so they can avoid them becoming bigger issues.
