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Attorney Victoria Cramer also handles contested probate cases. In Utah there are two types of probate cases: formal and informal. Informal probate is less paper intensive and generally less costly. Typical probate case starts with an application for formal or informal probate of will and for an appointment of personal representative who becomes a person in charge of estate.
Personal representative of the estate is usually designated in a will. Personal representative pays the creditors of the deceased, pays the costs of administration of the estate and disburses money to heirs. Personal representative has fiduciary duties to the estate that require him or her to avoid self-dealing and to act for the best interests of the heirs. Personal representative’s duties include also conducting a sale of any real estate of the deceased, location of stock brokerage accounts and their liquidation, location of any unclaimed assets that may become property of the State if not claimed by the estate, sale of the cars and other vehicles of the estate, sale or donation of personal belongings of the deceased. Personal representative also needs to make sure that taxes are prepared and filed. Personal representative is acting upon issuance of Letters Testamentary by the court.
Sometimes a will does not appoint a personal representative. In such cases, the heirs should agree to appoint one.
If personal representative is not acting for the best interests of the estate, he or she can be removed by the court upon the petition by the heirs. In certain cases a special administrator of the estate can be appointed.
Sometimes it is also necessary to petition the court to determine testacy status, to determine heirs, especially when there is no will left by the deceased and to approve final settlement and distribution of the assets. Formal probate needs to be closed by filing a Verified Statement of the Personal Representative Closing Estate.
Attorney Victoria Cramer also files petitions for guardianship over minors and disabled adults.
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