Introduction to Probate: When is Probate Required in Utah?

In this second article of our series on the probate process in Utah, we’ll examine the key criteria that trigger probate and provide examples of when it’s required. Knowing when probate is necessary can help you navigate the legal process more effectively.

When Probate is Required in Utah

Certain circumstances in Utah make probate unavoidable:

1. Real Property: If the estate includes real property—such as land, a house, a condominium, or mineral rights—you cannot transfer it to heirs or beneficiaries without a court-appointed personal representative. This applies regardless of the property’s value. A living trust often avoids this necessity.
2. Assets Over $100,000: Probate becomes necessary if an estate’s assets, excluding real property and vehicles, exceed $100,000. These assets can include bank accounts, investments, personal property, and other financial resources.

When an estate meets either of these criteria, legal proceedings must occur to transfer ownership of the decedent’s property to the rightful heirs or beneficiaries.

Situations Where Probate is Necessary

Here are some common scenarios in Utah that require probate:

1. A Homeowner Passes Away:
   If a homeowner dies and the property isn’t held in joint tenancy with the right of survivorship, under a transfer-on-death deed, or within a living trust, probate will be necessary to sell or transfer the property.
2. Significant Financial Assets:
   When financial assets like stocks, bonds, and savings accounts total more than $100,000, probate is required. The court appoints a personal representative to distribute these assets.
3. No Named Beneficiaries:
   If life insurance policies, retirement accounts, or other financial instruments lack named beneficiaries, the court steps in to appoint a personal representative. Without a will, the court determines the rightful heirs.
4. Debts to Settle:
   When significant debts exist, probate ensures debts are paid before any distribution of assets to heirs or creditors.
5. No Will (Intestate):
   Without a will, probate often resolves disputes among potential heirs, ensuring the estate is fairly distributed.
6. Multiple Heirs or Beneficiaries:
   In cases with multiple heirs or beneficiaries, especially if the estate is large, probate helps ensure fair distribution according to the will or state law.

The Small Estate Affidavit

For estates valued below $100,000 that don’t include real property, Utah law offers a simplified process. A small estate affidavit allows the decedent’s successor to collect personal property without formal legal proceedings. We’ll cover this option in more detail in an upcoming article.

Understanding when probate is required in Utah prepares you for the legal steps involved in managing a loved one’s estate. In our next article, we’ll discuss the roles and responsibilities of the personal representative.

For personalized assistance, contact Stone River Law. We guide you through every step with expertise and care.