Losing a loved one is already difficult—navigating the legal process that follows can make an emotional time even more overwhelming. When someone passes away, their estate must be managed, their debts settled, and their assets distributed. In Utah, this process is known as probate, and it often requires professional legal guidance to ensure everything is handled properly and in accordance with state law.

At Harward & Hawes, we provide compassionate and knowledgeable support during probate, giving families clarity, direction, and peace of mind.

What Is Probate Law?

Probate is the legal process through which a court:

• Validates a deceased person’s will
• Identifies and secures assets
• Ensures all outstanding debts and taxes are paid
• Distributes remaining assets to rightful heirs

If the individual left behind any financial obligations, a portion of the estate must be used to satisfy those debts before beneficiaries can receive their inheritance. This process can be lengthy, document-heavy, and, at times, emotionally draining—especially for grieving families.

Probate typically requires the court to appoint an executor (or “personal representative”), whose responsibilities may include:

• Collecting and inventorying assets
• Managing bank accounts or ongoing financial obligations
• Paying taxes, medical bills, loans, or other debts
• Filing legal documents
• Appearing in court when required
• Distributing assets once the estate is cleared

Because Utah’s probate laws are detailed and strict, executors often benefit from working with a probate attorney to ensure they meet all legal requirements and avoid delays.

Why Probate Can Be Complicated

While probate serves an important legal purpose, it is known for being:

• Time-consuming
• Document-intensive
• Procedurally strict
• Emotionally stressful

Additional complications may arise if:

• The will is unclear or contested
• There is no will at all
• Multiple heirs disagree about distribution
• The estate includes significant debt or complex assets
• Family members do not trust one another
• Business ownership or real property is involved

The probate team at Harward & Hawes helps families navigate these challenges with compassion and efficiency, ensuring the process stays on track and follows Utah law.

How Can Someone Avoid Probate Court?

In many cases, probate is unavoidable—however, proper planning can reduce or eliminate the need for it.

Common legal tools that can help families bypass probate include:

✅ Living Trusts

One of the most effective ways of avoiding probate. If properly drafted and funded, a trust transfers assets directly to beneficiaries.

✅ Joint Ownership With Survivorship

Homes, bank accounts, or other assets jointly owned can pass directly to the surviving owner.

✅ Payable-on-Death (POD) or Transfer-on-Death (TOD) Designations

Financial accounts, investments, and even vehicles can transfer outside probate if named correctly.

✅ Beneficiary Designations

Retirement accounts, life insurance policies, and similar assets transfer directly to beneficiaries.

If your loved one created a trust or other estate planning documents, the attorneys at Harward & Hawes can help ensure those tools work as intended and resolve any remaining legal steps.

What If My Loved One Died Without a Will?

When someone in Utah dies without a will, their estate is distributed through intestate succession—a process dictated by Utah law, not personal wishes.

Under intestate succession:

• The court appoints a representative (often the closest living relative)
• Utah statutes determine who inherits property
• Distribution follows a set hierarchy, regardless of family dynamics

Managing an intestate estate can be confusing and emotional, especially when heirs disagree or are unsure of their rights.

The probate attorneys at Harward & Hawes guide families through intestate succession with clarity and compassion. We help representatives:

• Understand their legal authority
• Manage estate administration
• Comply with Utah probate requirements
• Ensure fair and lawful distribution to heirs

You don’t have to navigate this process alone.

Compassionate Probate Support for Families in Draper, Utah

Probate doesn’t have to add stress to an already challenging time. With experienced legal guidance, families can move through the process efficiently, confidently, and with fewer complications.

At Harward & Hawes, we take the time to understand your situation and provide the support you need—whether you’re an executor, a beneficiary, or someone seeking clarity about Utah probate law.

Schedule a Consultation With Harward & Hawes

Let us help you through the next steps with compassion and experience.

Call Harward & Hawes at 801-506-3800 to schedule a probate consultation today.