Probate Defined

In simple terms, probate is the process of settling a person’s estate after their death. Our probate attorneys help the executors or administrators of the estate to manage the process. When there is a Will or estate plan in place, the probate process is simple. The deceased will often appoint an executor for their estate who handles their affairs. Our team of attorneys can advise executors throughout the probate process and validate Wills while carrying out their terms.

How Probate Works

The probate process becomes more complex when a Will or estate plan is not in place before an individual's death. When this occurs, the deceased has died intestate. Because of this, the deceased’s estate must be distributed based on intestacy laws. More specifically, the estate is distributed based on intestacy laws where the property is. In the State of Utah, if the deceased is married and does not have a Will, everything is passed onto their spouse. Their estate also goes to their spouse if the deceased has children with the spouse. When they have children with someone other than their current spouse, the estate splits between them. If they are not married, it passes on to their parents. If their parents are also deceased, it goes to their siblings.

Our Experience with the Probate Process

Our probate attorneys have experience with all aspects of the probate process. We represent clients who are challenging asset divisions and advise executors and administrators with common probate issues. Namely, we assist with settling bills and debts, preparing and filing documents, and determining owed taxes. Additionally, our team at Kimball Anderson has experience with contesting Wills and litigating disputes that arise throughout the probate process.

Practicing Attorneys