Frequently Asked Questions About Probate

The law office of Stephen J. Buhler, Attorney at Law, in Salt Lake City, works with many individuals who have recently lost a loved one and have to go through the probate process. We know that this can lead to many questions for you, especially if you have never dealt with this before. We wanted to answer some of the most common probate questions we hear from clients, and we encourage you to reach out to us for more specific information about your case.

How long does probate take, generally?

This can depend upon the complexity of the estate, as well as if any disputes about the estate develop during the process. The biggest complaints about probate are that it is time-consuming and expensive, and any mistakes can only add to the cost and time required by the process.

When we sit down to review your situation, we can give you a better idea of what we think might happen in your case. We can answer your specific questions about items of interests, and review your options, whether you are representing the wishes of the estate or have a personal interest in certain property.

Can I do anything to avoid probate?

Sometimes, there are steps that one can take to keep certain property from transferring under the probate process. This is generally done during estate planning. Items such as a couple's marital home or joint bank accounts may pass to the survivor upon death. Additionally, loved ones may set up trusts that distribute property without it having to go through probate.

In other cases, the size of the estate could expedite the probate process. Smaller estates under a certain threshold may go through a much less formal system of distribution, which could make things much easier for those who are depending upon the assets to make ends meet.

What happens if my loved one died without a will?

In Utah, there are laws regarding what happens to the property if there is no will in place. The property passes according to those statutes, no matter how upset that may make the loved one's friends or relatives. This can cause many significant issues for those left behind, and could even lead to litigation in some circumstances.

Have More Questions About Probate?

If you would like to schedule a free consultation to discuss your specific probate concerns with an experienced lawyer, we invite you to call our office at 801-996-4193 or send us an email to arrange a time that works for you.