Legal Question in Wills and Trusts in Utah

My mother was a resident of Utah for almost 81 years. Six months before her death, my sister took her to Texas to a long care facility. She passed away in Texas. She probated the will in Texas with the only inventory real property in Utah. No personal or cash inventory. Does a probate need to be done in Utah to take care of the Real Properties?


Asked on 2/22/11, 8:52 am

2 Answers from Attorneys

Paul Jones Paul W. Jones Attorney LLC

Yes. You would need to probate the real estate here in Utah. If there is a probate filed in Texas you could do an "ancillary" probate in Utah to deal with the property. Let me know if you need assistance with this. Regards,

-Paul

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Answered on 2/22/11, 9:23 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Probate can be where the deceased died or where the property is. Since the real property is in Utah probate should be opened here, in the county where the property is located. You may be able to open probate here as well.

You may call for a free consultation.

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Answered on 2/22/11, 3:10 pm


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