Probate is the legal proceeding in which an interested party (such as a surviving spouse or adult child) asks a judge for authority to step into the shoes of the deceased person to gather his or her assets, pay legitimate debts and then distribute the remaining estate to the rightful heirs. The heirs in Probate are determined according to the terms of a valid Last Will and Testament or, in the absence of a Will, according to the laws of the state in which the deceased person lived at the time of his or her death. Probate is generally governed by state laws, so the process is different from state to state. Federal law, particularly Federal tax law, sometimes becomes an issue in Probate, however, this is typically rare.
In Utah, an attorney is not required for a person to file Probate, however, due to often complex court procedure and complex laws governing probate, most people will hire an attorney to represent them in a probate proceeding. Larreau & Lythgoe, PC offers a free consultation regarding probate issues in order to help people evaluate whether or not they need or want to hire an attorney to help them file Probate and in order to help people understand the Probate process better.
For help with your Probate questions, please call Addison Larreau for a free consultation at 801-393-5555.