Probate

Simply put, probate is the process and procedure to transfer property from the dead to the living. Probate involves a court procedure where the following is proven and determined by a judge: a) that someone has died, b) who stands to inherit from that person, and c) who should be appointed the personal representative to administer the estate. At the conclusion another hearing is held to determine that a) creditors have been paid, b) the heirs have received the inheritance, and c) the personal representative is released from his or her duties. Probate also involves the proving of a Last Will and Testament, if any.

Many estates do not require a full probate. This could be due to the size or content of the estate, or the length of time that has passed between the death and the administration. An experienced attorney can tell you which proceeding is needed in your case and then help you through the necessary process. Call Steve Buhler at 801-964-6901 to discuss your situation, or contact us at sjblawyer@aol.com.

Although the information provided on this website is of a legal nature, it does not constitute legal advice. The legal advice that you need depends on your particular facts and circumstances. You should contact a lawyer to discuss your particular circumstances and legal needs.