Probate Lawyer in Ogden, UT
Flat-Fee Probate Counsel Since 1979
- Court-Officer Relationships
- Plain Language, No Jargon
- Free Consultations to Begin
Why Northern Utah
Families Choose Froerer
& Miles for Probate
Flat-Fee Probate With Free Initial Consultations
Probate at Froerer & Miles is billed at a flat fee whenever the case allows it, so the cost is known up front and you do not have to watch hourly bills accumulate while you grieve. The initial consultation is free, with honest insight into your specific situation, whether or not you ultimately retain the firm.
Court-Officer Relationships and In-House Handling
Decades of practice in Weber and Davis County courts means the court officers and clerks recognize our documents and our workflow, which keeps probate cases moving forward without unnecessary delay. Our lawyers handle the majority of probate issues in-house, with outside accountants and connections brought in only when the case genuinely requires them.
Plain Language and Decades of Practice
We communicate without legal jargon, so you understand what is happening at every step. Each of our probate attorneys brings more than a decade of legal experience, and the firm itself has provided Northern Utah with probate, estate planning, personal injury, and family law services since 1979.
What Is Probate? Do I Need a Probate Lawyer?
Probate is the court-supervised process of authenticating a last will and testament. Even if someone passes without a will, probate is still required to pay final bills and distribute the deceased person's estate. The size and complexity of the estate left by the decedent will dictate the amount of legal assistance you may need.
At Froerer & Miles in Ogden, UT, our probate attorneys can help executors (if there is a will) or administrators (if there is no will) locate and determine the value of a decedent's assets (including investments and real estate), pay final bills and taxes, and distribute the remaining estate to the rightful beneficiaries.
An estate with complicated issues such as numerous debts and assets will likely require the assistance of a probate and estate planning attorney. Estate planning on behalf of the decedent prior to passing can allow the process to go much more smoothly. In such cases, the executor is named in the will and is responsible for handling probate. If a will is not left, a Utah judge will appoint an administrator to oversee the probate proceedings.
Our Ogden, UT, firm will help protect your best interests through every stage of probate proceedings. We welcome clients from Layton, Clinton, Syracuse, and surrounding communities.
Probate Legal Services We Provide
Each of our probate attorneys has more than a decade of legal experience and a thorough understanding of both informal and formal probate proceedings. We offer legal advice to estate administrators and executors and can answer any questions you may have regarding probate, including:
- Small estate affidavits
- Probate applications and petitions
- Waivers of Notice
- Renunciation statements
- Untitled property
- Letters Testamentary
- Creditors' notices
- Court orders and statements
- Estate administration
- Heirship determination
- Contested will litigation
- Trust litigation
Our lawyers will protect your interests and keep the probate process moving forward. Our firm has provided the greater Ogden and Layton, UT, area with probate, estate planning, personal injury, and family law services for over four decades.
What Probate Costs at
Froerer & Miles
Many families fear the cost of probate proceedings. In the past, probate lawyers used to charge a percentage of the estate, but most contemporary probate attorneys now bill clients at an hourly rate or charge a flat fee.
Reasonable Fees and Probate Costs
At Froerer & Miles, we try to stick to a flat fee so you do not feel intimidated about escalating legal fees in a complicated probate case that takes time to resolve.
Free Consultations for Probate Issues
By offering free consultations for probate issues, Froerer & Miles in Ogden, UT, can help you make sure you choose the right team to meet your needs. We can answer your questions and offer our honest insight into your case.
Even if you do not hire our law firm, we will be more than happy to help you understand some potential probate issues and point you in the right direction. Just meeting with us can save you time, money, and frustration.
What Are Intestate Estates?
An intestate estate occurs when a decedent does not leave a valid will. This may happen if they do not have a will written or if the will is not accepted by the probate court. The court can reject a will due to an heir successfully contesting the will, or because of an error in the document. When families leave the distribution of assets to the Utah courts, the importance of proper estate planning becomes clear. In such cases, the property of the decedent passes to the closest relative in an order determined by Utah law regardless of the final wishes of the decedent.
Avoid an Intestate Estate With Estate Planning
Proper estate planning does not have to be complicated. The lawyers at Froerer & Miles in Ogden, Utah, can help walk you through the estate planning process so that you can protect the future of your assets. Identifying your estate planning goals allows us to provide you with legal services tailored to suit your needs.
Probate, Step by Step
Authentication
Your attorney can begin the process of authenticating a last will and testament, if one is present. A judge will confirm that the will is valid during a court hearing, of which all beneficiaries will receive notice. It allows all parties concerned the opportunity to object to the will, which is especially important if someone is in possession of a more recent will.
During this time, an heir may object to the executor appointed in the will, which is why hiring a lawyer can be beneficial. An attorney acts outside of the family and can objectively move the process forward with the best interests of the estate in mind.
Appointing the Executor
Once the will is authenticated, the judge will appoint an executor to oversee the probate process and settle the estate. The executor will receive legal documents that allow them to act and enter into transactions on behalf of the estate. These documents may be referred to as "letters of testamentary," "letters of authority," or "letters of administration."
If a will is not left by the decedent, the court will appoint the next of kin as the administrator of the estate. This is typically a surviving spouse or adult child. This individual is not obligated to serve and can decline the appointment.
A lawyer from Froerer & Miles in Ogden, UT, can act in the capacity of executor or administrator instead, attending all court dates so that you can focus on working through your recent loss.
Posting Bond
Before accepting the letters, it may be necessary for the administrating lawyer to post bond on behalf of the executor. This acts as an insurance policy to protect the beneficiaries from financial damages the estate may suffer due to intentional or unintentional errors on behalf of the executor. Your attorney can ensure the process is followed by the letter of the law so the estate is handled properly.
Locating Assets
Our next task is locating and taking possession of all the decedent's assets, which can involve a bit of detective work. At this stage, a lawyer can be invaluable.
The hunt for assets typically involves a thorough review of insurance policies, tax returns, and other such documentation. Acting as executor or administrator, a lawyer will protect any real estate by ensuring mortgages and property taxes are paid and insurance is kept current.
Other physical assets, like vehicles and collectibles, may end up in the possession of the executor for safekeeping. Statements and documentation relating to bank accounts and investments will also be collected and kept in a secure location during this time.
Appraisals and Determining Value
The value of the deceased person's assets on the date of death must be determined to provide an accurate account of the estate. This is usually accomplished through evaluating account statements and appraisals to determine monetary value. A comprehensive list of the deceased person's property and personal effects will then be submitted to the court. This report will state each asset's value and how the appraiser arrived at the respective value.
Determining and Informing Creditors
Creditors of the decedent must be identified and notified of the decedent's death. Publishing a notice of the death in a local newspaper can alert creditors so that any unknown debts can be identified by the administering lawyer. After receiving notice, creditors have a limited period of time to make a claim against an estate for any money owed.
A probate attorney from Froerer & Miles can prove invaluable at this stage of the probate process, as an executor can reject claims if they believe they are invalid. The creditor is then allowed to petition the court to have a probate judge decide the legitimacy of the claim.
Payment of Debts
Once all debts are accounted for, creditor claims are paid. Your probate lawyer will pay all the decedent's debts and final bills using estate funds.
Preparation and Filing of Tax Returns
Your lawyer will file the decedent's final personal income tax returns for the year in which they passed away. We will determine any estate tax liabilities and file the estate tax returns, if needed. Estate funds will be used to pay any due taxes. Liquidating assets from the estate may be a necessity to raise the capital needed to pay owed taxes.Distribution of the Estate
Once all preceding steps are completed, your attorney can petition the court for permission to distribute the remaining assets to the beneficiaries named in the last will and testament. Your lawyer can provide a complete accounting of every financial transaction during the probate process. Once the courts grant permission, the estate can be distributed to the beneficiaries.
If minors are included in the bequests of the will, the law firm of Froerer & Miles can help set up a trust to accept possession of the assets. A trust is necessary since minors cannot own their own property.
Probate FAQs
How long does the probate process take?
This can vary from case to case. When you meet with the lawyers of Froerer & Miles, we will help explain the timeline and provide realistic expectations.
What does "reasonable fees" mean when it comes to probate lawyers?
Reasonable fees mean that our probate attorneys will charge a flat fee for services when possible. We will not charge a large percentage of the estate.
Do trusts go through probate proceedings?
No, a trust does not go through probate court, but other assets do.
People might think that since their parent had a trust, an attorney is not necessary, but there are rules and Utah codes that tell a trustee what they have to do, like send a copy of the trust to all beneficiaries. This is just one of many, many steps to follow. Too often, the trustee in charge ends up getting in a bind. Having a skilled lawyer familiar with wills, trusts, and probate cases is always important following the passing of a family member.
