::Helgesen Waterfall & Jones::

	Practicing In
Medical Malpractice

Condominiums and HOA's

Real Estate


Estate Planning and Asset Protection

Avoid Probate
Four bad ways to avoid probate
Bankruptcy

Social Security Disability


Family Law

Divorce
Alimony
Child support
Child custody
Elder law

Personal Injury & Wrongful Death

Trials, Mediation, Arbitration

Probate

Business Organizations

Contracts & Collections

Juvenile Court

Criminal Defense

Our Ogden Lawyers

Our Kaysville Lawyers


More than 67% of newlyweds believe the most serious conflict in their first year of marriage is over money... View more >>
Article: Selecting Expert witnesses

Site Map

	Good lawyers and all the legal help you need!

Experience counts in probate matters An experienced attorney may be able to save you thousands of dollars and months or years of time. Probate can be complicated. We see many unnecessary and unwise filings by inexperienced lawyers. Some attorneys at Helgesen, Waterfall & Jones have more than twenty years experience in complicated probate matters. Call for a free consultation. FAQs about Utah probate What is probate? Probate is the court process of wrapping up the affairs of a person who has died, paying the debts, and transferring his or her property to others. When is probate needed? Probate is needed whenever a person dies owning property in his or her own name which requires a title or court order to transfer it. Under Utah probate law, "property" is broadly defined to include any valuable right, interest, possession or claim. Probate may also be needed for creditors to collect their debts from the person's estate if the debts are not paid by the family. What kinds of property do not need to be probated? These categories of property are transferred upon death without the need for probate: Real estate or securities (stocks, bonds, etc.) held in joint tenancy Jointly owned accounts.. Accounts with a "payable on death" beneficiary desgnation. Insurance with a beneficiary designated other than the estate of the deceased. Property left in Trust with directions to transfer it to another after death. Tangible personal property, debts owed to the deceased, stocks, or claims held by a person with a small estate (less than $100,000). These may be collected by an affidavit from or for the person entitled to inherit them. (The affidavits may not be enforceable outside the state of Utah.) Is probate required if a person leaves a last will? Yes. Probate is required whether or not a person has a will if property needs to be transferred or creditors need a probate to collect debts . When must a probate be filed? Probate actions must be filed with in a Utah district court within three years after the death of a person. After that time, a will cannot be probated but Utah courts retain some power to declare heirs and transfer property under the laws of intestacy (death without a will). How long will probate take? If the probate is not contested, it can be finished in a few weeks (or days in special cases). If the probate is challenged by someone who disagrees, it can take years. How expensive is the probate process? That depends on what needs to be done. Mr. Helgesen will meet with you in a free consultation and describe the costs before you hire us. We will keep our fees as low as possible and we won't charge you for unnecessary work.

	Contact Us

Name: Phone: Email: Tell us more: OGDEN OFFICE: 4605 Harrison Blvd., Suite 300 - Ogden, Utah 84403 Tel. (801) 479-4777 Fax.(801) 479-4804 LAYTON - CLEARFIELD OFFICE: 1436 Legend Hills Drive #110 Clearfield, Utah 84015 (across I-15 from Davis Hospital) Tel. (801)544-5306 Fax.(801)614-0443

OGDEN OFFICE:
4605 Harrison Blvd., Suite 300 Ogden, Utah 84403
Tel. (801) 479-4777
Fax.(801) 479-4804

LAYTON - CLEARFIELD OFFICE:
1436 Legend Hills Drive, Suite 110
Clearfield, Utah 84015
Tel. (801) 544-5306
Fax.(801) 614-0443