Skip to content Skip to sidebar Skip to footer

Why Should I Try to Avoid Probate?

why should I try to avoid probate

Probate is the court process that involves the transfer of property from the deceased to the heirs or devisees (beneficiaries under a will) of the deceased. In many states, it is a very cumbersome process. A person called an executor will be appointed. The executor is charged with accounting for all of the assets and paying all of the liabilities of the decedent. In many states, the court is involved and must approve most of the decisions of the executor. That means that there are hearings throughout the process which cost both time and money.

In Utah, Probate is less strenuous than most states. Utah has what is called Informal Probate. An executor can file a petition for informal probate. Such a petition can be approved by the court clerk. Once approved, the executor can be appointed without the involvement of a judge. The most valuable aspect of informal probate is that the executor can administer the estate and distribute assets without court involvement. Thus, avoiding probate in Utah is less important than it would be in states such as California where the court is involved at every stage.

However, many individuals own property that will not fall within the jurisdiction of Utah. For example, real property in California owned by a Utah decedent will be subject to probate in California. Thus, avoiding probate of real property outside the state of Utah is highly encouraged. Furthermore, avoiding probate even in Utah can streamline the wealth transfer to the next generation and minimize expenses such as reasonable compensation to an executor.

There are many good methods to avoid probate in Utah. There are also many ways to avoid probate in Utah that could result in disastrous consequences. In some cases, avoiding probate may subject your property, which would have otherwise been protected, to creditors. Certain transfers may be held invalid or worse, fraudulent. This can result in serious burdens on those you were trying to help. Finding a good estate planning attorney in Salt Lake City to help you avoid probate is highly recommended.

Utah Parenting Plan Information

There are several frequently asked questions about Utah Parenting Plans.  We encourage you to read through the information below and contact us if you have any questions about child custody or visitation.

Frequently Asked Questions about Utah Parenting Plans:

Question: My former spouse has failed to pay child support.  Am I within my legal rights to withhold visitation until the child support is caught up?

Answer:  No.  Child visitation and child support are separate issues.  If you fail to adhere to a parenting plan or child visitation schedule that has been set by the courts, you will be in violation of court order just the same as your former spouse who is in violation of the child support order.  If you are not receiving the child support that is owed to you, your best option is to contact your attorney and allow them to use the legal system.  Trying to resolve child support payment issues by withholding child visitation only further complicates the process and creates a potential legal issue for you.

Question: Are parenting plans required in Utah?

Answer:  No. When two parents divorce in the state of Utah, a parenting plan is not required; however, if either or both of the parents wish to have the court create or change a shared parenting arrangement, a completed parenting plan form will be required.  While they are not required by Utah law, parenting plans offer help to ensure that the best interest of the child is considered and we strongly recommend their use.

Question: Are parenting plans only used as a visitation schedule?

Answer: No.  Utah Parenting Plans can also be used to create answers to several “what if” questions that could concern the children in a divorce.  It is very common to include specific details about what will happen if a parent chooses to relocate.  For example, if a parent chooses to relocate, does he or she forfeit some of their scheduled visitation?  If a parent relocates farther away but in the same city, does it change how the children will be picked up or dropped off?  These are common questions that parents do not think about during a divorce proceeding; however, they can come up and will certainly impact the children which is why we recommend completing a parenting plan and discussing these questions prior to finalizing the divorce.

Free Initial Consultation with a Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506