Fillmore Spencer LLC helps those leaving estates and trusts minimize the tax burden that might otherwise saddle their lifelong earnings. We also help those who must see estates through probate and administer trusts make legally compliant decisions and honor the missions with which they are charged. We want to help you, contact us today!
Probate ensures the property of the deceased is collected and safeguarded, the deceased’s debts and taxes are paid, will beneficiaries are notified, and all remaining assets are distributed to the beneficiaries according to the deceased’s will or, if there is no will, state guidelines.
The person overseeing probate is called the estate executor. If the deceased died without a will, the district court will appoint an estate administrator, typically the deceased’s spouse or other beneficiary. The executor or administrator usually has a probate lawyer prepare and file probate-opening documents with the probate court, and is responsible for locating all assets, notifying all beneficiaries and the public, and ensuring probate-closing documents are filed with the probate court. Thereafter, estate assets are distributed to heirs and other beneficiaries, and the court discharges the personal representative from further responsibility.
Probate must be filed within three years of the deceased’s passing, and will take from four months to a year or more to complete. In Utah, estates smaller than $100,000 may be able to forego probate by filing an out-of-court affidavit.
There are several ways property can avoid probate, including:
If you are planning your estate or administering an estate for another, look to Fillmore Spencer LLC for thoughtful, experienced counsel and representation concerning probate. Call us at (801) 921-6562 or contact us online to schedule a free initial consultation.