How do you probate a will?
Probating a will is the process of proving that the person who wrote it is really dead and receiving their assets. It's a little different from an estate, which is everything the deceased owned at their death, including any property they left to people in their will.
The steps of probate depend on where you live and whether there are any challenges to the will. Here are some of the general steps:
- The executor files a petition with the court, stating that he or she wishes to be appointed as executor and petitioning for letters of testamentary (will) or administration (no will). This petition initiates the probate process. The person who has already been declared legally dead will be offered a chance to object to this petition.
- The executor pays off any debts or taxes that must be paid before probate can proceed. Taxes owed by the estate are called "estate taxes." Debts owed by the deceased are called "legacy debts."
- If there's no opposition from anyone who could inherit under the will, such as children or ex-spouses, then a judge will approve the executor's appointment as guardian for the estate.
- If there's a challenge to the will, then a hearing must be held.
Probating a will is the process of legally validating that a deceased person's will is genuine and legal, and most importantly, determining who the heir(s) are. To begin the probate process, you must file what's called a petition for probate with the court. This petition gives details about the deceased such as name, date of death, and where he or she lived. We suggest getting a probate lawyer to help you probate your will.
Parklin Law LLC
5772 West 8030 South, Unit N206
West Jordan, UT 84081
(801) 618-0699
https://parklinlaw.com/the-four-main-steps-of-utah-probate/
