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Steps to Take When Someone Passes Away in Utah

Here's a Utah-specific guide for handling the death of a loved one, including the steps to take immediately, administering the estate, and local resources.

 

Immediate Steps to Take After a Loved One Dies in Utah

  1. Confirm the Death

    • If the death occurs at home, call 911 to confirm the death. A medical professional will issue the official declaration.

    • If the death occurs in a healthcare facility or hospice, the staff will typically handle this process.

  2. Notify Close Family and Friends

    • Notify family members, friends, and other important contacts. Assign one person to handle communications to avoid being overwhelmed.

  3. Contact a Funeral Home or Cremation Service

    • In Utah, you can choose to work with a funeral home for burial or cremation. The funeral home will help you with arrangements, including obtaining the necessary permits.

  4. Secure the Deceased's Home and Personal Belongings

    • Ensure that the deceased's home is secured if they lived alone. Gather important documents, keys, and any valuables. Notify the landlord if applicable.

  5. Obtain the Death Certificate

    • You'll need to obtain official death certificates for legal and financial matters. You can get copies from the Utah Department of Health.

    • Order a death certificate in Utah: Utah Vital Records Phone: (801) 538-6105

  6. Notify the Deceased's Employer (if applicable)

    • If your loved one was employed, contact their employer regarding final paychecks, insurance, and benefits.

  7. Organ or Tissue Donation (if applicable)

    • If your loved one had chosen to be an organ or tissue donor, or if they expressed a wish to donate, contact their chosen organization to make arrangements.

Steps for Administering the Estate in Utah

  1. Locate the Will

    • If your loved one had a will, locate it as soon as possible. If you can't find it, check with their attorney, financial institutions, in a safe deposit box, or in the SafeEstate App.

    • If the will is missing, Utah law will govern how the estate is distributed through intestate succession.

    • Utah Wills and Probate Resources

  2. File the Will with the Utah Probate Court

    • If your loved one had a will, it must be filed with the Utah Probate Court in the county where they lived. Probate is the legal process by which the court oversees the distribution of the estate.

    • Utah Probate Court Locator: Utah Court Locator

  3. Appoint a Personal Representative (Executor)

    • If the will names an executor, they are responsible for managing the estate. If there's no will, or no named executor, the court will appoint a personal representative (often a family member or close friend).

  4. Inventory the Deceased's Assets

    • Make a list of the deceased's assets, including real estate, bank accounts, investments, personal property, and digital assets. This will be crucial for tax purposes and the distribution of the estate.

    • Property Records: Use the Utah County Assessor's website to verify property ownership and appraisals:

  5. Notify Creditors and Settle Debts

    • Send notifications to creditors about your loved one's death and stop any further interest or penalties from accruing. You will also need to use estate funds to pay off debts before distributing any assets.

  6. Settle Taxes

    • The deceased's income tax return for the final year of life must be filed, along with any necessary estate or inheritance taxes. The Utah State Tax Commission provides guidance on settling state tax obligations.

    • Utah State Tax Commission (Estate Taxes): Utah Tax Commission

    • IRS Estate Taxes: IRS - Estate Taxes

  7. Close Accounts and Cancel Services

    • Close or transfer ownership of bank accounts, credit cards, utilities, subscriptions, and memberships.

    • Cancel or transfer services like health insurance, life insurance, and homeowner's insurance.

    • Social Security Notification: Notify the Social Security Administration about the death, as benefits may need to be stopped.

  8. Distribute Assets to Heirs

    • Once debts and taxes are settled, the executor can distribute the remaining assets as per the will or Utah's intestate succession laws.

    • Intestate Succession in Utah: Utah Code – Intestate Succession

  9. Final Accounting and Closing the Estate

    • The executor will need to provide a final accounting to the court and heirs, showing how the estate's assets were managed and distributed.

    • After the court's approval, the estate can be officially closed.

By following these steps and utilizing these Utah-specific resources, you can help ensure that your loved one's affairs are handled with care.

Contact Us Today

Independence Law is committed to answering your questions about Estate Planning issues in Draper and Midway Utah.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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