Do you need help navigating the probate process? Probate can be confusing and complicated. Ensuring that the process goes as smoothly as possible is a valuable service that we at Eric M. Swinyard & Associates, PLLC provide. Whether you are a personal representative, executor, or beneficiary involved in the action, our firm is here to offer effective representation so that the process can be expedited and handled without stress or complication.
What Is Probate & How Does It Work?
When a person passes away, his or her estate must be settled – even when they left a will or living trust. Estate settlement involves gathering and accounting for the deceased person’s property and assets, paying debts and taxes, and distributing the remaining assets to heirs and beneficiaries according to the will, trust, or per Utah law.
In Utah, the process of probate to achieve an estate settlement is required when:
- The deceased person owned real property, such as a home, investment property, or land regardless of its value
- The deceased person had other assets valued at more than $100,000
In many cases, probate will not be necessary, as in the case of a living trust or where property was held in a joint tenancy. Eric M. Swinyard & Associates, PLLC can determine if your case requires probate and help you move forward with the legal process. We can also assist you in handling the distribution of a living trust.
Wills must be validated by the court. Most wills name an executor to oversee the distribution of assets to the beneficiaries once all debts have been paid. If there is no will, the probate court will appoint a personal representative to handle the probate process. Informal probate proceedings can occur when beneficiaries are in agreement and no creditor problems arise. When a will is contested, a formal probate proceeding will be needed to resolve the issues in court.
If you need assistance with any aspect of probate, schedule an initial consultation by calling Eric M. Swinyard & Associates, PLLC at (801) 515-4133.
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