West Jordan, UT asked in Probate for Utah

Q: What state to hire probate attorney?

My wife's family owns a trust in Colorado that produces quarterly oil royalty checks. The checks come from Colorado. Her dad passed 20 years ago so his checks have been going unclaimed in Utah. What state(s) would she need to hire an attorney in order to claim the unclaimed property and to get the trust in her name. (She's an only child and her mom has passed as well).

Related Topics:
3 Lawyer Answers

A: The state where the trustee and of the trust is located.

Wesley Winsor agrees with this answer

Wesley Winsor
Wesley Winsor
  • Probate Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Yes, I agree. The principal place of administration of the trust would be where you would need to file a probate action. I hope this helps.


Kenneth Prigmore
Kenneth Prigmore
  • Estate Planning Lawyer
  • Spanish Fork, UT
  • Licensed in Utah

A: Great question. If probate is necessary, go with the state of the last residence of the Trustor that created the Trust.

Sometimes probate is not necessary. I recommend discussing your situation with a Utah attorney regarding the checks in Utah. Most attorneys will have a free initial consultation.

Utah's state Treasurer has a website where you can search for unclaimed property, including checks that were never cashed. The state's website is mycash.utah.gov.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.