Legal Question in Wills and Trusts in Utah
Court Appointed Executor
My aunt died two years ago. When she found out she was sick she transferred everything into my name. She had no children or husband. There was no will or probate, she just put everything into my name as the beneficiary of her estate. I just found out there is a life insurance policy. The insurance company requires an executor of the estate must file the claim. There is no executor. Can I go before a judge and be named executor? What would the process be and do I need an attorney to do this?
1 Answer from Attorneys
Re: Court Appointed Executor
I assume that she transferred all of her property into your name prior to her death, not as a beneficiary of the estate but as a living gift to you. I also assume that there are no other heirs. In order for the insurance policy to be paid to you or anyone else, you will have to open probate (which should be done within 2 years of her death) and request that you be named the personal representative. Once you get what are called "letters of administration" you can act as administrator of the estate, which means you will have to seek and pay all valid claims of the estate (any unpaid bills, etc.) and then distribute any remaining assets to the proper heirs. There is a schedule for distribution of assets to heirs where there is no will. You will have to comply with that schedule. You do not necessarily need a lawyer. Contact the district court in your area for more information.
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