Legal Question in Wills and Trusts in Utah

The first thing your son needs to do is talk to an attorney. If there are no assets and just debt, there is nothing with which to pay the bills. In this case, no probate may be necessary, and you son just needs to notify each creditor of the circumstances. If there are any assets with title that needs to be transferred, probate may be necessary. In this case, your son may renounce his appointment as personal representative (executor), and nominate you to be the P.R. Until the probate is begun and your son appointed by the court, he has no formal authority and so a power of attorney may not help much. If just talking to the creditors is all that's required, he may not need a power of attorney form anyway. If a creditor refuses to talk until a P.R. is appointed, the power of attorney will not suffice. Please call me if you have questions.

If the xhusband dies penniless, your son can file a small estate informal probate with forms from the probate court or the probate section of the Utah Bar. He may also seek help from Utah Legal Services.

Your son can also withdraw as the personal representative and suggest another one to the court