Legal Question in Elder Law in Utah

Wills

Does Utah law require that I file a Will with the court. As my mother's personal representative what are my obligations to submit her will to an informal probate.


Asked on 1/02/07, 5:21 pm

1 Answer from Attorneys

Randy Lish Randy M. Lish, Attorney at Law

Re: Wills

In order to probate a will, you must file the will with the Court. Whether you probate the will is going to depend on whether there is any property with a title that needs to be transferred, and whether you want to shorten the period during which creditors of your mother can file a claim against her estate. Basically, if there is any property that needs to have the title transferred, you will need to file the will for probate. If you want to shorten the time for creditors to file a claim against the estate to be shortened to a few months, you will need tofile for probate. If all creditors are paid off, and you are sure of this, and there is no property with title to change (usually this is real property), then you may not need to probate the estate. If you have further questions, please call me. There is no charge for a consultation.

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Answered on 1/02/07, 5:58 pm


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