Estate and Probate Basics

What is probate? Three terms to know

Estate

The person’s money, property, belongings, and other assets, along with any debts they owed. Not everything in an estate goes through probate.

Probate

A court process that may be used to settle an estate: appointing someone to handle it, deciding whether a will is valid, and wrapping up the person’s affairs. Whether it’s needed depends on the estate and the law.

Beneficiary

A person or organization named to receive certain assets, such as through a beneficiary designation. These assets may be handled separately from the rest.

An estate is what the person left. Probate is one possible legal process. Inheritance is who ends up receiving what.

Who handles the estate?

The person responsible may be called an executor, a personal representative, or an administrator. In Utah, the court appoints a personal representative to settle the estate. Their duties can include identifying assets and debts, contacting heirs and creditors, handling court filings, managing property, paying valid debts and taxes, and distributing what remains under the will or the law.

A funeral home doesn’t take on these responsibilities because it handled the funeral.

What often happens

1. Find documents and assets
2. Check ownership and beneficiaries
3. Identify debts
4. Decide if probate applies
5. Handle the estate
6. Distribute assets

Not everything goes through probate

An informal probate case must generally be filed within three years of the death.

The small estate affidavit in Utah

If the whole estate is under $100,000 and has no real property, a successor may be able to collect property with a small estate affidavit once at least 30 days have passed since the death. The successor signs it in front of a notary and gives it to the bank or other holder. It isn’t filed with the court, and it can’t transfer a house or land. A separate DMV survivorship affidavit covers vehicles. See Utah Courts: Small Estates.

With a will, or without one

A will gives instructions for certain property and may name someone to administer the estate. It doesn’t control every asset: beneficiary-designated and jointly owned property may be handled differently, and having a will doesn’t mean everything goes through probate.

Without a valid will, Utah law (Utah Code Title 75, Chapter 2) decides how certain assets are distributed. This is called intestate succession.

What happens to debts?

Debts don’t simply disappear, but family members aren’t responsible for them just because they’re related. According to the Consumer Financial Protection Bureau, debts are generally paid from the estate. If the estate can’t pay and no one else shared responsibility, the debt may go unpaid.

Someone who co-signed a loan or shared a joint account may be responsible. Under FTC policy, debt collectors can’t suggest you must pay from your own money when you don’t have to.

Before you pay any of your loved one’s debts yourself, find out who is legally responsible.

The house, car, and accounts

Don’t rush to sell, give away, or distribute significant property before you know who owns it and how the estate is being handled. Don’t withdraw or move money until you know who has authority to do so. For each account, note the institution, account type and number, ownership, beneficiary, and recent statements.

For immediate needs at home, see home, pets, and children after a death.

Start here

1. Find the will, trust, or other estate documents.
2. Identify who may be responsible for the estate.
3. Make a basic list of assets and debts.
4. Keep documents safe.

   Bank, retirement and insurance statements, property records and vehicle titles, loans and bills, recent tax returns, beneficiary information, and death certificates once available.
5. Don’t rush to distribute or sell significant property.
6. Find out whether probate or a small estate affidavit may apply.
7. Get legal help if things are complicated or disputed.

Legal help matters most with no will or unclear documents, family disagreement, real estate, a business, large debts, blended families or minor children, assets in more than one state, or concerns about fraud or missing assets.

Utah resources

Taxes, briefly

A death can create tax filings, such as a final income tax return for the person who died and, if the estate has $600 or more in gross income for the year, an estate income tax return. A tax professional can tell you what applies.

Common questions