Do I need Probate?

Do I need Probate?

In many cases, no. However, in Utah, probate is necessary when…

(1) the deceased owned real property that was titled in his or her own name, such as land, a house or rental property; or

(2) the deceased died owning property exceeding $100,000.

Benefits that are paid to beneficiaries (like insurance or retirement benefits) are not included in the $100,000 amount. If property (regardless of total value) is owned by a trust or owned in joint tenancy, probate is not necessary. Even if probate is unnecessary, there are some circumstances when it may be advantageous to file a probate, such as to more effectively deal with creditors or in certain family situations.

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