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Utah Probate Attorney

Get The Probate Help You Need

Death is part of everyone’s life. The death of a family member is stressful. Let our Utah probate attorney help reduce your stress and handle the legal issues associated with distributing the assets left by your loved one. Probate proceedings may needed to ensure an orderly transfer of property that is in your individual name at the time of death. Probate may be necessary to:

  • Safeguard the deceased’s estate
  • Pay all debts and taxes
  • Resolve who is entitled to what assets and to disburse the property accordingly.

If you have a will or other property that is in your name at the time of death, probate may be necessary to transfer ownership of the property to your family. The probate process will appoint a personal representative to administer your probateable estate.

What Does a Personal Representative do?

In most cases, a personal representative is responsible for handling and settling the deceased’s estate. Their responsibilities include:

  • Contacting the heirs and creditors concerning the probate proceedings
  • Collecting and taking inventory of the probate assets belonging to the deceased
  • Determining and paying for state, federal and income taxes
  • If necessary, selling property in order to pay back taxes and/or expenses.
  • Distributing remaining proceeds to designated family members and relatives.
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In Their Words
Kermit R.

I like these guys, they worked as a team to get my lawsuit resolved. As far as my divorce and child custody case, they know their stuff. I really wanted to settle quickly. It wasn’t as fast as I wanted, but it got done and I am so much happier for it.

George H.

Mike Anderson and Greg Lyle have really helped me with a real estate quiet title action. These guys know real estate law. If you are in South Jordan – you should see them for real estate litigation.

Tre G.

I want to thank you for assisting me through this difficult times of going through bankruptcy. I was at the hearing today. Mr. Weekes was there for me. I was scared, but he re-assured me. It went on smoothly. There was a time I became emotional, and started to sob quietly, and looked sad. I want to thank you again kindly.

Adam J.

[Ascent] Law was professional, helpful, and easy to work with. They kept us informed on what was going on and helped us to make sure we understood what was being done and what was expected of us. We were glad we chose them!

Stephanie M.
Bankruptcy Client

[Russell Weekes] helped me through my bankruptcy I was so nervous about my situation they were so great in answering all my questions. I recommend them to anyone they are fast and a professional team who care about there clients and what they are going through.

J.C.
Bankruptcy Client

Russell and his team made my situation nothing short of amazing for the situation I was in.  All of my questions were always answered and I never was made to feel as if I was dumb to have gotten in the financial situation that I did. I have already referred a friend and would refer any family and friends to him and his team.

Dan D.
Client

I had a great experience. The people were friendly and helpful. They went above and beyond to help me.

Tommy B.
Client

Great service. I appreciate their kindness and making me feel at ease.

R J
Client

I highly recommend [Russell Weekes]. Filing Bankruptcy isn’t fun for anyone, and these guys were there for me every step of the way. I always got quick responses, they answered every question and put me at ease. I am extremely happy I chose them!

Tim F.
Bankruptcy Client

Everybody should go to [Ascent} should they have any bankruptcy matters at hand. They’re 100% legit, intelligent and friendly. They will do whatever it takes to see that your case is successfully discharged! They stay on top of it 100% of the way even if you get too caught up with lifes hurdles, they’re behind the scenes still steady at work for YOU!! (Their 1st priority). I fully recommend and support [Ascent] Law!!!

Aaron F.
Bankruptcy Client

I’m filing for bankruptcy right now and they have been great so far answering my questions and everything.

M J
Client

[Ascent] Law helped me out during a tough time. They took care of everything and were super friendly.

Aaron M.
Bankruptcy Client

If you’ve gotta go through the mess of financial bankruptcy, these guys are the best. My attorney as well as all of the paralegals and staff made going through hell much easier than I could have ever asked. Any questions I had they responded to immediately. They were always timely and gave me great legal advise. They aren’t the cheapest option, but the payment plans provided were unbeatable.

Justin T.
Client

Great service. They answered all of my questions and made me free comfortable. The staff and attorneys are knowledgeable.

The Perrys
Estate Planning Clients

Wonderful Attorney in Michael Anderson. Just what we were looking for in a Family Trust. Very knowledgeable, trustworthy, dependable, smart and kind. Recommend him or this law firm to everyone.

A Satisfied Client

My experience was unlike all of the stories one hears of attorneys. Mike and his team were absolutely spot on with their communication, follow-up, understanding and ultimately the results. They were aware of my budget and worked hard to keep me there.

I am truly appreciative of there complete caring and handling of my situation.

Utah Probate FAQs

Probate is generally required any time a person dies owning property in his or her name. Utah allows the person handling the decedent’s estate without probate if the estate is a “small estate”, as defined by Utah Code 75-3-1201. At the time this page was written, that amount is $100,000. If the value of estate exceeds that amount, the decedent’s estate must be probated to transfer title to heirs. If the estate is under that amount, the person handling the estate can transfer title with a Small Estate Affidavit. In either instance, our experienced Utah probate attorney can help you.

The personal representative (person who is legally appointed to handle the estate of a decedent) inсludеs thе following.

• Obtаining the аррrаiѕаlѕ аnd vаluеѕ оf thе dаtе оf dеаth rеgаrding thе рrореrtу оf the dесеаѕеd.
• Sесuring and lосаting рrоbаtе assets аѕ wеll as non-probate аѕѕеtѕ.
• Prераring аnd filing rеlеvаnt documents nееdеd by thе probate соurt in an organized, timеlу manner.
• Offеring аdviсе оn the рауmеnt оf final billѕ оf thе dесеdеnt as wеll as рауmеnt оf аnу dеbtѕ thаt аrе оutѕtаnding.
• Collecting any lifе insurance proceeds рауаblе to thе beneficiary.
• Hоlding рrореr elections аnd rolling оvеr any rеtirеmеnt plans and kеерing trасk оf thе checking account оf thе еѕtаtе.
• Assisting with thе ѕаlе оf аnу estate рrореrtу аnd аddrеѕѕing any inсоmе tаx iѕѕuеѕ thеrе соuld bе.
• Dеtеrmining inhеritаnсе оr еѕtаtе tаxеѕ duе аt ѕtаtе and fеdеrаl lеvеlѕ and figuring оut whеrе the nееdеd саѕh for ѕеttlеmеnt will bе gеnеrаtеd frоm.
• Sеttling any diѕрutеѕ thеrе could bе between bеnеfiсiаriеѕ and реrѕоnаl representatives.
• Gеtting соurt реrmiѕѕiоn tо handle and take different асtiоnѕ аррliсаblе tо thе state рrоbаtе laws аnd rе-titling thе real еѕtаtеѕ to thе bеnеfiсiаrу names in ѕituаtiоnѕ where selling of thе рrореrtу iѕ not taking рlасе.
• The рrоbаtе аttоrnеу аlѕо аѕѕiѕtѕ in thе diѕtributiоn оf assets lеft bу thе decedent after tаxеѕ аnd billѕ have bееn раid.

Property оr еѕtаtе саn be thе ѕоurсе of lоng term fightѕ between bеnеfiсiаriеѕ. Pеrѕоnаl rерrеѕеntаtivеѕ nееd thе аѕѕiѕtаnсе оf experienced Utah probate lаwуеrѕ tо ensure thаt еvеrуthing is handled correctly and to minimize conflict.

The major differences are that you are going to be in it a lot longer, the Chapter 13 lasts a minimum of three years and the Chapter 7 is usually done within four to six months. Another major difference is in a Chapter 13, you are going to be paying back some money to your creditors. You have to be making a regular income; in a Chapter 7 case, your creditors get it absolutely nothing, they get zero. The other major difference is in a chapter 13, the trustee does not seize assets; and in a Chapter 7 case, a trustee may seize assets depending on whether there is an exemption or not that covers that item.

This is one of those things where you really ought to get some legal counsel because depending on the assets that you have, you may not have sufficient exemptions and if you file a Chapter 7, you may start losing things. I have had people file a Chapter 7 before and not realize that they had too much equity in their homes and their house was put on the market and sold by the trustee and they were handed a check for their homestead exemption when it was all said and done. So those types of surprises can really hurt you if you are not anticipating them. It depends on the factual circumstances that you are in, whether the Chapter 7 is better or the Chapter 13 is better.

If you have to roll dice and you have to guess, it is always safer to file a chapter 13 simply because the trustee does not take assets, does not seize assets. There is also a problem in some chapter 13’s, of them being completed successfully. I think nationwide, it is very low. The reason for that is if you are in a bankruptcy case where you have to make a regular plan payment every month on time for the next three years, the chances of a disaster happening or personal emergency or something tripping you up is very common. We do have cases that make it all the way through their three to five year plan all the time but it is a high failure rate overall across the nation.

For more information on Probate In Utah, a free initial consultation is your next best step. 

Get the information and answers you’re seeking by Contacting Us today.
Probate Expertise

No matter what size of estate you need probated, attorneys at Ascent Law are here to help you through it. 

Need help with a Probate?

You’ve come to the right place. If you are the executor of an estate, a family member that has a recently deceased parent or family member, our probate & estate administration attorney can help you determine what needs to be done.

Probate & estate administration attorneys handle succession issues and can help you navigate court processes, payment of the deceased person’s debts, distribution of property according to the will or estate plan, and probate litigation.

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17 Mar: Attorney’s Role In Bankruptcy

In the context of contracts for the sale of land, courts sometimes use the term abandonment as if it were synonymous with rescission, but the two should be distinguished. An abandonment is merely the acceptance by one party of the situation that a nonperforming party has caused. But a rescission due to a material breach by the other party is a termination or discharge of the contract for all purposes.

Kermit R.

I like these guys, they worked as a team to get my lawsuit resolved. As far as my divorce and child custody case, they know their stuff. I really wanted to settle quickly. It wasn’t as fast as I wanted, but it got done and I am so much happier for it.

George H.

Mike Anderson and Greg Lyle have really helped me with a real estate quiet title action. These guys know real estate law. If you are in South Jordan – you should see them for real estate litigation.

Tre G.

I want to thank you for assisting me through this difficult times of going through bankruptcy. I was at the hearing today. Mr. Weekes was there for me. I was scared, but he re-assured me. It went on smoothly. There was a time I became emotional, and started to sob quietly, and looked sad. I want to thank you again kindly.

Adam J.

[Ascent] Law was professional, helpful, and easy to work with. They kept us informed on what was going on and helped us to make sure we understood what was being done and what was expected of us. We were glad we chose them!

Stephanie M.

[Russell Weekes] helped me through my bankruptcy I was so nervous about my situation they were so great in answering all my questions. I recommend them to anyone they are fast and a professional team who care about there clients and what they are going through.

J.C.

Russell and his team made my situation nothing short of amazing for the situation I was in.  All of my questions were always answered and I never was made to feel as if I was dumb to have gotten in the financial situation that I did. I have already referred a friend and would refer any family and friends to him and his team.

Dan D.

I had a great experience. The people were friendly and helpful. They went above and beyond to help me.

Tommy B.

Great service. I appreciate their kindness and making me feel at ease.

R J

I highly recommend [Russell Weekes]. Filing Bankruptcy isn’t fun for anyone, and these guys were there for me every step of the way. I always got quick responses, they answered every question and put me at ease. I am extremely happy I chose them!

Tim F.

Everybody should go to [Ascent} should they have any bankruptcy matters at hand. They’re 100% legit, intelligent and friendly. They will do whatever it takes to see that your case is successfully discharged! They stay on top of it 100% of the way even if you get too caught up with lifes hurdles, they’re behind the scenes still steady at work for YOU!! (Their 1st priority). I fully recommend and support [Ascent] Law!!!

Aaron F.

I’m filing for bankruptcy right now and they have been great so far answering my questions and everything.

M J

[Ascent] Law helped me out during a tough time. They took care of everything and were super friendly.

Aaron M.

If you’ve gotta go through the mess of financial bankruptcy, these guys are the best. My attorney as well as all of the paralegals and staff made going through hell much easier than I could have ever asked. Any questions I had they responded to immediately. They were always timely and gave me great legal advise. They aren’t the cheapest option, but the payment plans provided were unbeatable.

Justin T.

Great service. They answered all of my questions and made me free comfortable. The staff and attorneys are knowledgeable.

Annon Y.

I am extremely happy with [Ascent] Law. First, no one ever wants to be in a position to have to file for bankruptcy, but if you do, you need someone who knows what they are doing, and will keep you informed. I was very nervous that I wouldn’t pick the right lawyer, or we would end up with someone who just wanted to get paid, and left us hanging. Our lawyer has been AMAZING. He is always fast to respond to any of my questions, and is very good at making sure you understand what is happening, and that you are comfortable with the process.

The Perrys

Wonderful Attorney in Michael Anderson. Just what we were looking for in a Family Trust. Very knowledgeable, trustworthy, dependable, smart and kind. Recommend him or this law firm to everyone.

A Satisfied Client

My experience was unlike all of the stories one hears of attorneys. Mike and his team were absolutely spot on with their communication, follow-up, understanding and ultimately the results. They were aware of my budget and worked hard to keep me there.

I am truly appreciative of there complete caring and handling of my situation.

Jeffery L.

I want to take a moment and tell you about Michael Anderson – I will try to keep it short. Mike is not only a family man that is good to his wife and kids, but he is an amazing lawyer. I have learned that when you have to choose an attorney to fight for you and your child’s life in court, you should review the prior successes of the attorney. But honestly, not only did I need an aggressive pit-bull type of attorney, I also needed an attorney with a kind heart, someone that could handle an over-aggressive ex and also be caring to me. That’s exactly what Mike Anderson is. A caring family law attorney and also an aggressive advocate in court. I highly recommend Mike, Colt and Greg and all of their professional staff (I’ve spoken with all of them over this child custody dispute and divorce mess). Not only does Mike have the life skills of being a loving husband and father to his 3 kids, but he knows the law and is able to help you look forward and help you with the problems here and now. He’s good. Really good. Mike really helped me through this stressful time in my life. When it’s your turn to have to fight in West Jordan or Salt Lake (I’ve been in both courts) you better make sure Michael Anderson is on your side. If he’s on the other side – look out! Thanks for everything Mike.

Elise J.

My experience with [Ascent Law] was the most painless of all the many horrible things that a DUI charge will bring with it. The reason I say it was painless was because he knows exactly what he is doing. You know once you talk to him that this isn’t his first rodeo. [My attorney] has confidence in what he is doing witch really helped me during this hard time. This was not the case with other lawyers that I talked to. They told me things that I wanted to hear to try to sell me. That just made my situation worse and lengthened the process and cost. I had some priors so this wasn’t a simple case, but after hiring Mr. Rush he got everything worked out and he found flaws in the prosecution’s case against me. He found their mistakes and their missing information which made all the difference. Other lawyers don’t even read the reports but [My attorney] knew all the details. So, if you have criminal case, I give you my testimonial that he is professional, ethical, smart, and has a good team working with him and you never find yourself trying to track him down for stuff. I can’t tell you how happy I am. Thanks!!!”

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