The death of a loved one is a time of stress and sadness. You must cope with planning a funeral, readjusting to life without your relative, and finding your new normal. Unfortunately, you also must cope with complex legal proceedings to make it possible to transfer the assets of the deceased.
The two processes most likely to be used to transfer assets after a death in Utah are trust administration and probate. Randy Holmgren can help you through both processes. Our Salt Lake City trust administration and probate lawyers will take care of the legal needs of executors, personal representatives, trustees and trust administrators, beneficiaries, and heirs.
To find out more about how we can help you, give us a call at (801) 534-7271. We can provide personalized advice and answer your questions including:
- What are trust administration and probate?
- Who should get legal help with trust administration and probate?
- What can a Salt Lake City trust administration and probate lawyer do to help?
What are Trust Administration and Probate?
Both trust administration and probate are legal processes required under Utah law to facilitate asset transfer after a death. In most situations, a property owned by someone who has passed away does not automatically go to new owners, even if the deceased person has made clear who those new owners should be. Steps have to be taken to value the property, make sure the deceased person’s wishes are respected, pay taxes owed on the estate, and give creditors the chance to make claims.
The specific process that will be used to transfer the deceased person’s assets varies based on whether the deceased created a trust, wrote a will, or made provisions to avoid probate. Trust administration will happen only if the deceased person created a trust document. Probate, on the other hand, is a common process that happens after many deaths, unless the deceased person took steps to avoid it.
Probate and trust administration are different in important ways, including court involvement. While the probate court oversees the probate process, the trustee named in the trust creation document handles the trust administration process on his own unless there is a problem.
The trust administration process can be faster, easier, and more private than probate. However, there are also similarities between trust administration and probate as well, as both processes are designed to wind up the deceased person’s affairs and make sure new owners get the property which serves as their inheritance.
Navigating both the trust administration and probate process can be very difficult, especially as you try to learn legal language and make sense of Utah law while also dealing with the other issues that a death creates. A trust administration and probate lawyer can help.
Who Should Get Legal Help with Trust Administration and Probate?
Those who are given the responsibility of managing and overseeing the trust administration and probate processes should get legal help to perform their roles.
Generally, a trustee is responsible for making sure that the trust administration process works properly. An executor named in the will performs the role of managing the probate process, unless the executor declines and a personal representative is appointed by the probate court.
Trustees, executors, and personal representatives not only have to go through the formal trust administration and probate steps, but they also have to manage the deceased person’s assets while they do so. Taking on these tasks can be very challenging, but an attorney can manage the legalities of probate and trust administration for you.
Those who stand to inherit from a will, as a result of intestacy laws, or from a trust will also want to consider getting legal help. An attorney can assist in protecting an inheritance and making sure that the proper processes are occurring in a timely manner to protect the inheritance and facilitate the transfer of assets to new owners.
Finally if you are considering contesting a trust or a will, getting legal help is essential to determine if you have legal grounds to argue against enforcement .
What Can a Salt Lake City Trust Administration and Probate Lawyer Do To Help?
A Salt Lake City trust administration and probate lawyer Randy Holmgren, can provide you with invaluable guidance regardless of your role after someone’s death. We help you to comply with your legal duty and obligation to the deceased, to understand Utah law, and to protect your inheritance.
To find out more about the ways in which we can make your life easier when someone you care about has passed away, (801) 534-7271 or contact us. We serve clients in Salt Lake City, Provo, Orem, Ogden, Park City, Cedar City, St. George, and surrounding areas throughout Utah. Contact us now to find out more.