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Estate Planning

Are there Different Types of Wills?

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When you create an estate plan, your will or trust is the document that sets forth how you want your estate distributed to your family, friends and other loved ones. A will or trust can be very specific and detail itemized assets that should pass to specific beneficiaries, or you can even exclude a certain relative from inheriting anything from you. Your will can also appoint a guardian for your minor children if you should become incapacitated or die.

There are several different kinds of wills, including:

  • Joint wills. When two people, usually a married couple, make a will together it is called a “joint will.” In a joint will, when one person passes away, the estate passes on to the other person. The surviving party is not allowed to alter the terms of a joint will once the first individual has died. It is rare that we recommend use of a joint will.
  • Mutual wills. A mutual will is one that has identical and reciprocal provisions as another separate will, but neither party is bound by the terms of a mutual will unless there is an agreement to do so.
  • Holographic wills. A handwritten will is referred to as a “holographic will.” Typically, this type of will is not witnessed and it must comply with certain statutory requirements before it can be deemed valid. For example, a holographic will must be in the testator’s own handwriting, and must be signed and dated at the end of the document.
  • Pour-over wills. When you create a trust, a pour-over will is used to transfer any omitted assets into the trust upon your death. This is typically an effective way to either avoid the need for a probate or to limit the scope of any probate.
  • Living wills. A living will is not a Will to dispose of property. It is also called an “advance directive.” This document allows you to state your wishes regarding the medical care you want or do not want in the event you are faced with a serious accident or illness (in other words your end of life care). Having a living will allows you to provide physicians and other healthcare providers with instructions regarding your treatment if you are in a coma, have an illness that will cause death, or you are otherwise unable to express your wishes.

If you are interested in drafting a will or other estate planning documents, contact us for the advice and guidance you need. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

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Are there Different Types of Probate in Utah?

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ResearchUnlike certain types of clothing, “one size fits all” does not apply in probate. Luckily, Utah law provides for different types of probate actions depending on the estate to be administered. You will need to confer with a probate attorney to determine what type of probate case to file for your particular matter, but below is some general guidance:

  • Small Estate Affidavit. If the estate to be administered is small enough, you may be allowed to avoid the probate process by filing a “small estate affidavit.” Currently, if the net value of the deceased person’s property does not exceed $100,000, the estate qualifies. If the estate involves a house or other real property, you cannot use the small estate affidavit.
  • Informal Probate. Like its name indicates, an informal probate is used for simple, uncontested estates. It is the most commonly filed type of probate in Utah and it typically is less expensive than formal probate. Although the court is involved, that involvement is minimal and no court appearances need to be made. However, an inventory of the estate must still be made. An attorney is essential to this process.
  • Formal Probate. If one or more heirs or beneficiaries object to the personal representative appointed, challenge the validity of the will, if you can’t find the original will, or there are other disputes involved in the administration of the estate, a formal probate proceeding is required. A formal probate typically involves the filing of several pleadings, court hearings, and active involvement of attorneys.
  • Petition to Determine Heirs. If the decedent died without a will or more than three years have passed since the individual died and the will was not filed for probate within that time, a Petition for an Order Determining Heirs must be filed. In these types of cases, the Utah Uniform Probate Code sets forth who the heirs are and what they are entitled to inherit. An attorney is necessary to properly manage this process.
  • Ancillary Probate. If the decedent was domiciled outside the state of Utah at the time he or she died, a probate has been filed in the other state, and the decedent owned real property in Utah, an Ancillary Probate for Out-of-State Decedents can be filed to properly administer the Utah property. Ancillary probates are relatively simple and involve merely filing copies of probate documents from the other state with a Utah court.

If you are interested in learning more about the probate process or how you can avoid the process with a comprehensive estate plan, contact us today to schedule an initial consultation. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.