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How quickly can a personal representative be appointed in a Utah probate action?

Often times, the person who is seeking appointment as a personal representative has recently suffered the loss of a family member or close friend.  One of the unfortunate realities of the Utah probate system is that while you are going through the grieving process, you also must handle the financial affairs and disposition of the estate of your loved one.  Our Utah probate attorneys are sensitive to that fact, and work hard to make the probate process and appointment as personal representative as quick and painless as possible.

The length of time required to obtain an appointment as a personal representative over a decedent's estate in a Utah probate action can vary widely, ranging from a matter of days up to several weeks or even much longer.  The question of how long it will take depends in part on whether a "formal' or "informal" probate action is being pursued, and whether the petition for appointment is contested or not.

Under ideal circumstances, an experienced Utah probate attorney can help you prepare the documents, obtain the required waivers of notice, and submit the documents supporting an informal probate and application for appointment as personal representative in less than 24 hours.  Because an "informal" probate and appointment of a personal representative does not require a court hearing, the court registrar may sometimes be able to issue letters testamentary confirming the appointment of a personal representative the same day they are submitted.

In other circumstances, the process can become much more complex.  Interested persons may insist on being provided with formal notice.  There may be disputes over who has a claim of priority to be appointed as a personal representative.  There may be disputes over the validity of the will submitted for probate.  Such disputes will almost invariably turn an informal probate proceeding into a formal probate with required court hearings.

Contact us today to schedule an initial consultation regarding the Utah probate process and the appointment of a personal representative.


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by Stephen W. Howard, P.C.

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