Probate is a court-supervised process for determining and gathering the assets of a deceased person, known as the decedent, paying his debts, and distributing his assets to his beneficiaries and heirs. Although state law varies regarding specific procedures, notice of probate is meant to accomplish the same thing in every state; that is, notice of probate gives parties who have an interest in a decedent’s estate warning that the probate process is being initiated. As beneficiaries may not know they were included in a decedent’s will, notice gives them an opportunity to assert their rights at the very beginning of probate administration. Probate laws require certain facts be made public through publication. States vary as to what must be made public, where to publish and for how long, but every state has some type of publication requirements. Once made aware of probate through publication, beneficiaries and creditors have the opportunity to contest decisions of the personal representative or file claims against the estate. A creditor of an estate is anyone the deceased still owed money to at the time of death, i.e. anyone entitled to collect an unpaid debt of the decedent from the proceeds of the estate. Creditors must always be given notice of the probate. Usually the notice must be published in a local newspaper. Creditors have a certain amount of time to file their claims against the estate after notice is published, usually six months. The deadline is significantly shorter, usually two months, for any creditor given notice directly.
Step 1: Title the notice “Notice to Creditors,” and include the name of the deceased, the name of the court in which the estate is being probated and the probate case number. Executors across the state must complete the following tasks as part of their fiduciary duties: Probate LawyerWhen you need to probate an estate in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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