Froerer & Miles

How Long Does the Formal Probate Process Take?

Nov 18, 2019 @ 11:15 AM — by Robert L. Froerer
Tagged with: Probate Wills Trusts Estate Planning

Losing a loved one is difficult. As you’re grieving, there may be added strain when dividing the deceased’s estate and settling all of their unfinished business. That’s when it’s important to speak with a probate attorney. The lawyers of Froerer & Miles have helped countless people in Ogden and Layton, UT, with probate matters and issues regarding wills and trusts.

Below, we want to consider what happens during the probate process. We’ll note how long the process takes on average in the state, and what could slow the process down.

What Happens During Probate

Probate is a process in which a deceased person’s outstanding debts and tax obligations are paid, and their assets are gathered and distributed to heirs and inheritors. Utah probate law gives people up to three years to file a probate application or petition.

How Long Does the Process Usually Take?

That can vary.

In the state of Utah, the entire probate process can take as little as four to five months. This assumes that the process proceeds quickly and there are no impediments to paying debts and dividing the remaining assets.

Since the process is not always ideal, it’s important to keep in mind that the probate process can take several months and possibly years as complications arise.

What Slows Down the Probate Process?

Some common issues that complicate the probate process include:

Is It Possible to Avoid Probate?

The probate process can be avoided in some cases if you create a living trust or you designate beneficiaries on retirement or investment accounts. It’s important to keep this in mind as you’re engaged in estate planning and working with a financial planner.

How a Probate Attorney Can Help

The probate process can be long and drawn out, and it’s important that you look out for your best interests as disputes arise. Working with a skilled attorney will give you better insight into the process, and offer a strong advocate for you should disputes or complications occur among beneficiaries.

Learn More About Probate

If you live in the greater Utah area and require legal assistance and guidance, be sure to contact a skilled probate attorney. The Froerer & Miles team is here to help. You can reach our Ogden law office by phone at (801) 614-2934.