Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms) is a commonly used form within Utah. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms):

• This form pertains to the State of Utah

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Utah’s Form 1001ES - Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Utah form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Utah probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 1001ES, take a break, and then review. Probate and estate settlement processes in UT are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 1001ES online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 1001ES witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Utah.

5 reasons you should submit 1001ES as quickly as possible:

1. The sooner you begin, the faster Utah can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Utah. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Utah is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Utah probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Utah probate clerk or court for exact answers regarding Form 1001ES, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms) is one of the many probate court forms available for download through Atticus.

It may also be available through some Utah probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Utah.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 1001ES - Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Utah probate court office.

Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Utah-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Utah Form 1001ES - Application For Informal Appointment Of Personal Representative - Informal Probate - Without A Will (Required Forms). You can use this to get an idea of the context of the form and what type of information is needed.

1001ESF Approved July 2017 / Revised February 8, 2021 Application for Informal Probate When There is No Will and Informal Appointment of Personal Representative Page 1 of 4 Name Address City, State, Zip Phone Check your email. You will receive information and documents at this email address. Email I am [ ] Applicant [ ] Applicant’s attorney (Utah Bar # __________) In the District Court of Utah __________ Judicial District ________________ County Court Address ______________________________________________________ In the Matter of the Estate of _____________________________________ Deceased Application for Informal Probate When There is No Will and Informal Appointment of Personal Representative _______________________________ Case Number _______________________________ Judge 1. Decedent (person who died) The decedent, ______________________________________________ (name), died on ___________________ (date) at the age of _________. At least five full days have passed since the death. 2. Interest I, ________________________________________________________ (name of applicant), have an interest in this estate because I am (for example, the decedent’s spouse, child, parent, sibling): ____________________________________________ If you do not respond to this document within applicable time limits, judgment could be entered against you as requested. 1001ESF Approved July 2017 / Revised February 8, 2021 Application for Informal Probate When There is No Will and Informal Appointment of Personal Representative Page 2 of 4 3. Filing location This is the correct court to file in because the decedent (Choose one.): [ ] lived in this county at the time of death. [ ] lived in ____________________________________ (county and state), but owned property in this county at the time of death. 4. Current personal representative No personal representative has been appointed by a court in Utah or any other state. 5. Right to be appointed as personal representative The court should appoint me as personal representative because I am 21 years old or older and have priority to serve because (Choose one.): [ ] I am the surviving spouse. [ ] I am an heir (someone with the right to inherit property from the decedent if there is no will). [ ] I am a creditor and 45 days have passed since the decedent died. [ ] Other: ________________________________________________________ 6. Persons with a greater or equal right to appointment I am qualified to act as personal representative and have priority because (Choose one.): [ ] there is no person with a higher or equal priority for appointment. [ ] each person with a higher or equal priority for appointment has in writing renounced the right to appointment and has nominated me to serve. My contact information is: Address Email address Phone number 7. Demand for notice (Any interested person may file a document called a demand for notice that tells the personal representative and the court to send a copy of every document filed with the court to him or her.) (Choose one.) 1001ESF Approved July 2017 / Revised February 8, 2021 Application for Informal Probate When There is No Will and Informal Appointment of Personal Representative Page 3 of 4 [ ] I have not received nor am I aware of any demand for notice of any probate or appointment proceedings concerning the decedent that may have been filed in Utah or elsewhere. [ ] I received or I am aware of a demand for notice concerning the decedent from the following persons: ______________________________________________________________ 8. Decedent’s survivors Decedent is survived by the persons listed below. These persons have the right to notice of this probate case. (Include all biological or adopted children of the decedent, unless an adoption decree terminated their inheritance rights. Add additional pages if necessary.) Relationship to Decedent Name Address Age (if minor) Spouse Child Child Child Child Parent Parent Sibling Sibling Heir (inherits property if there is no will) Other 9. Will To the best of my knowledge after a reasonable search, the decedent did not have a will. 10. Time I am filing this probate case within the required time period because not more than three years have passed since the person died. 1001ESF Approved July 2017 / Revised February 8, 2021 Application for Informal Probate When There is No Will and Informal Appointment of Personal Representative Page 4 of 4 11. Bond (A bond is a cash payment or pledge of property that guarantees the personal representative will fulfill his or her duties.) (Choose one.) [ ] Bond is not required. (Utah Code 75-3-603). [ ] Bond is required because: [ ] an interested party asked for a bond before the appointment of a personal representative. [ ] a written demand for bond has been filed. (Utah Code 75-3-605). Character and estimated value of the property of the decedent (complete only if bond is required and the bond amount is not specified in the will): Real property $ Personal property $ Annual income from real and personal property $ Total $ I ask that: 1. Notice be given as required by law. 2. I, _________________________________________________________ (name), be informally appointed personal representative of the estate of the decedent and to act: [ ] without bond. [ ] with bond in the amount of $ __________. 3. Letters of Administration be issued. I declare under criminal penalty under the law of Utah that everything stated in this document is true. Signed at ______________________________________________________ (city, and state or country). Signature ► Date Printed Name