Common Utah Probate Mistakes to Avoid

Look up the year of death before quoting an allowance

The homestead allowance, exempt property, the family allowance, the spouse's first intestate share and the supplemental elective share are all indexed by the decedent's year of death. The amounts printed in the statute are the 2010 figures.

Publishing notice to creditors is optional and usually worth it

Utah does not require publication. Publishing bars claims three months after first publication; not publishing leaves you exposed for a year after the death.

Budget $375 to open probate anywhere in Utah

It is a single statewide fee. The $15 to $175 ladder in the same statute is the fee for filing an accounting, not for opening an estate.

Measure the small estate cap across the whole estate, net of liens

The $100,000 test counts real property even though the affidavit cannot transfer it, and it deducts mortgages and other encumbrances.

Pay the funeral bill before the administration costs

Utah puts reasonable funeral expenses first in Utah Code 75-3-805, ahead of the costs of administration. That is the opposite of the order most national guides print.

Prepare the inventory in three months even though you may never file it

The duty to prepare is fixed. Sending it is triggered by a request, and filing it with the court is the personal representative's choice.