Does an intestate succession require probate court approval?

An intestate succession is the process of transferring a deceased person’s assets to their heirs if that person did not have a will. In Utah, an intestate succession does not require probate court approval. The process of an intestate succession is slightly different in each state. Generally, the assets of the deceased are distributed according to the dictates of state law. In Utah, the Utah Code sets out the order of inheritance which intestate estates will follow. This means that if a person dies without a will, their assets will be distributed according to the law. When a person dies in Utah, the legal heirs of the deceased must submit an Affidavit of Heirship to the court. This document lists the legal heirs of the estate and the distribution of assets. The court reviews the Affidavit of Heirship and may make changes to the distribution of assets based on the court’s discretion. Once the Affidavit of Heirship is accepted, the legal heirs can proceed to receive their assets without probate court approval. In summary, an intestate succession in Utah does not require probate court approval. The legal heirs submit an Affidavit of Heirship to the court, which is reviewed and accepted or altered. Once the Affidavit of Heirship is accepted, the legal heirs can receive their assets without the need for probate court approval.

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