When a person dies, their estate (cash, property, investments, or other assets) are passed to their heirs and beneficiaries.  If a well-conceived estate plan is in place, the assets can be passed directly to heirs, without going through probate.  If a person dies without an estate plan (whether or not they had a will), probate may be necessary to legally transfer their assets. 

Generally, probate in Utah falls into three categories:

1. Probate with a will.
2. Probate with no will.
3. Transfer by Affidavit without probate.
   • Must not be real property
   • Total assets subject to probate must be less than $100,000

Following a death, the first priorities, of course, are the funeral and matters of family and grieving.  After handling the funeral arrangements, the probate process should begin within a reasonable time (1-3 months) following the death.  Typically, the probate process will include the following:

1. File a petition with the Court to appoint a Personal Representative.
2. Approval by the Court.
3. Issuance of Letters Testamentary or Letters of Administration.
4. Transfer of assets.
5. Accounting and closing (not needed in most estates).
   

Most families conclude that hiring a capable probate attorney saves a great deal of time, eases an otherwise complicated process, and often creates a net savings in probate expenses.