What is sovereignty of estate?
What is sovereignty of estate?
Sovereignty of estate is a legal concept in which the entirety of an individual's assets and property are free from any control or claims by creditors or family members after death. The deceased person is no longer subject to creditor lawsuits or probate, making his property available to be distributed to beneficiaries without any further action.
Sovereignty of estate is the ability for a person to make decisions regarding their own property and affairs. This can be done through written documents or in an official capacity by an executor or the probate court. There are several types of legal documents that allow this, including:
- A will
- A durable power of attorney
- A living will
Sovereignty of estate is a legal term that can have a variety of meanings. In the legal sense, it refers to the freedom to do whatever you want with your property, as long as you don't break the law (or any other agreements, like restrictive covenants) in doing so.
For example, if you bought a house and the deed said that you could only use it for residential purposes, not commercial ones, then you wouldn't be able to rent out rooms or the house itself to tenants. You'd also be responsible for following zoning laws if you wanted to add a room or make other changes to your property. You'll be bound by your deeds and covenants when making alterations and any other changes to your property while adhering to the law.
If someone were to sue you over something related to what you did on your property, they would have to prove that it was illegal first and foremost.
If you have any questions or in need an Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
