Q: In probate do you have to declare a vehicle that was used, totaled, cashed out, and monies disbursed to heirs when debts
are more than assets? Death occured in 2011, not probated to date.
A:
Speak with a local attorney. The primary question you don't answer is why are you bothering to probate an estate that has more debts than assets? If a CREDITOR has begun probate to try to collect, you may be required to answer questions, but you REALLY need to have legal representation if there is something that 'sounds odd' (as this situation does -- how did heirs 'cash out' a car that wasn't probated ... There are LEGAL mechanisms that could allow this but it will take explanation!
Seek local help ASAP.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
A: Thank you for your question. One thing to keep in mind is that a probate will not be allowed in Utah if more than 3 years have passed since the deceased passed away. If you need to determine the heirs of certain property, a local attorney can help you with a court order determining heirs, but unless you have more than about $3,000 of estate equity, it's probably not worth the cost of obtaining the order. Some assets, like vehicles, may be exempt from such proceedings if you deal directly with the DMV, but I would double-check with them before incurring any costs.
A: In most cases, probate must be commenced within three years of the decedent's death. Further, small estates (including those with vehicles) generally do not need to be probated. Was there a will? Are their creditors objecting to the distribution to heirs?
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