Probate is the court-supervised process of transferring asset ownership and distributing property after a death. While it’s a common proceeding, there are often questions about the average cost of probate in Utah. Probate costs will differ, and really just depend on a number of things like:
What type of Estate Plans are in place
How big the estate is
How complex the assets are
If an heir contests the Will
If a probate attorney is used
Common Probate Fees in Utah
Even though the final cost of probate can widely vary, there are a number of fees that are found in most probate proceedings. If you’re going through probate in Utah, you’ll probably have to pay at least some of the following:
Personal Representative compensation - Utah is a reasonable compensation state
Miscellaneous professional fees
A Probate Bond if required (common if an estate or Will is being contested)
Common Questions About Probate in Utah
How Long Does Probate Take in Utah?
In Utah, probate can take anywhere from four to five months for an average estate to be settled. More complex, larger estates can of course take longer, especially if there are any objections.
What is UPC in Utah?
Utah is one of 18 states across the country that have adopted the Uniform Probate Code (UPC). The code was created to standardize the probate process nationally. In UPC states, there are three types of probate proceedings:
How Much Does a Probate Lawyer Cost in Utah?
Because probate lawyer fees in Utah can vary, it’s not easy to give a definite dollar figure. Many probate attorneys charge a flat fee, and some bill by the hour.
How to Avoid Probate in Utah?
Some people will go to great lengths to avoid having to go through probate. It makes sense, too, when you consider that it can be a difficult, expensive and time-consuming process. You might be able to avoid probate in Utah through any of the following strategies:
Establishing a Revocable Living Trust
Titling property as “Joint Tenancy With Right of Survivorship”
Creating assets, policies and accounts as TOD or POD (Transfer on Death; Payable on Death)
Also note, estates with a low enough value can be considered a “small estate.” These estates might be able to avoid probate or go through a streamlined version of it.
What is Considered a Small Estate in Utah?
If an estate is valued at less than $100,000, it can avoid probate and close within 30 days, barring any complications.
Who Pays Probate Fees in Utah?
Probate costs (including all the probate attorney fees) in Utah can be paid for by the estate, eliminating much of the stress that comes from wondering who has to pay for a lawyer or other costs of the proceeding.