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Davis County, UT Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | The District Court in Davis County, which sits in the Second Judicial District. Utah has no separate probate court; the district court handles probate as a case type under the Utah Uniform Probate Code (Utah Code Title 75), and the judicial officer is a district court judge. An informal application is reviewed by the court's registrar without a hearing |
| Filing office | Clerk of the District Court, which takes probate applications and petitions and keeps the estate records |
| Courthouse | Davis County courthouse, 800 West State Street, Farmington, UT 84025, the county's main district court, where Davis County probate is filed |
| Mailing | Clerk of the District Court, P.O. Box 769, Farmington, UT 84025; confirm the current mailing instructions with the clerk before mailing original documents |
| Other locations | Layton District Court, 425 North Wasatch Drive, Layton, UT 84041, (801) 444-4300, and Bountiful District Court, 805 South Main, Bountiful, UT 84010, (801) 397-7000, additional court locations in the county where certain matters are heard; confirm with the clerk which location handles your filing |
| Phone | (801) 447-3800, the Davis County Clerk of the District Court in Farmington |
| Hours | Monday to Friday, 8:00 a.m. to 5:00 p.m.; closed weekends and state holidays; confirm current hours and any filing cutoff with the Clerk of the District Court, (801) 447-3800 |
| Filing fee | $375 to file a probate petition or application, set by statute and uniform statewide (Utah Code § 78A-2-301(1)(a)), plus a graduated accounting fee when an accounting is filed (Utah Code § 78A-2-301(1)(r)); fee waivers are available (Utah Code § 78A-2-302) |
| Local forms | None specific to Davis County. Utah uses one statewide probate forms set, published on the Utah Courts self-help pages at utcourts.gov |
| E-filing | Mandatory for Utah-licensed attorneys through the state electronic-filing system. Self-represented filers generally file on paper in person or by mail with the Clerk of the District Court, using the statewide self-help forms; check MyCourtCase (formerly MyCase) for whether your case type supports self-represented e-filing |
| Case search | There is no free public per-county probate docket. XChange (utcourts.gov) is Utah's subscription case-search service; MyCourtCase (formerly MyCase; utcourts.gov/en/self-help/services/mycase.html) lets a party view their own case for free. For records, contact the Clerk of the District Court or use XChange |
| Remote appearance | Hearing formats are set by the assigned district court judge; confirm any telephone or video option with the Clerk of the District Court before a scheduled date |
| Website | https://www.utcourts.gov/en/courts/court-types/dist/dist-sites/2nd.html |
Before you begin — know the assets and liabilities
The first Davis County question is which route fits the estate, and then what you must bring to the Clerk of the District Court. Utah's routes are informal probate (Utah Code § 75-3-301), used when the parties agree and no dispute is expected, where the court's registrar reviews the application without a hearing; formal probate (Utah Code § 75-3-401), heard by a district court judge when there is a dispute or a contested will; and, for a small estate holding only personal property, a sworn small-estate affidavit collected without opening a court case (Utah Code § 75-3-1201). Which one fits turns on whether there is a will, what the estate holds, and its value; the routes and their thresholds are covered on the Utah state page.
Before you file, identify every bank, credit union, brokerage, and retirement account, life insurance policy, vehicle, business interest, and parcel of Davis County real estate, along with every debt, and identify each heir and devisee by name. Only then can you pick the right route, complete the forms accurately, and decide whether counsel is needed. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The District Court in Davis County serves all of Davis County, one of Utah's most populous counties, and sits in the Second Judicial District, which also covers Morgan and Weber counties. Probate for a Davis County decedent is handled here, not in the other Second District counties. Venue for probate lies in the county where the decedent was domiciled at death; for a decedent who was not a Utah resident, venue lies in a county where the decedent owned property (Utah Code § 75-3-201). A Davis County decedent's estate is filed with the Clerk of the District Court no matter which city or town within the county, whether Farmington, Layton, Bountiful, Kaysville, Clearfield, Syracuse, Centerville, or another Davis County community, the person lived in.
Davis County has three court locations. The main courthouse at 800 West State Street in Farmington, the county seat, is the county's main district court, and Davis County probate is filed there with the Clerk of the District Court, where the estate record is kept. The Layton District Court at 425 North Wasatch Drive in Layton, in the north end of the county, and the Bountiful District Court at 805 South Main in Bountiful, in the south end, are additional locations of the same District Court where certain matters are heard; confirm with the clerk which location handles your filing before you file in person. Utah-licensed attorneys e-file through the state electronic-filing system; a self-represented filer files on paper in person or by mail with the Clerk of the District Court.
The jurisdiction process
- Confirm venue. Davis County is the right county when the decedent was domiciled here at death; for a nonresident, file where the decedent owned Utah property (Utah Code § 75-3-201). Every Davis County estate is filed with the Clerk of the District Court at the Farmington courthouse, the county's main trial court; the city or town within the county does not change where the estate is filed.
- Choose the route. Informal probate (Utah Code § 75-3-301) is the most common path when the parties agree and no dispute is expected: the court's registrar reviews the application without a hearing. Formal probate (Utah Code § 75-3-401) is used when there is a dispute or a contested will and is heard by a district court judge. A small estate holding only personal property, with no application for a personal representative pending or granted, can be collected 30 days after death by a sworn affidavit with no court case opened (Utah Code § 75-3-1201). The routes and their thresholds are on the Utah state page.
- Gather what the Clerk needs: the original will (if any), a certified copy of the death certificate, the names and addresses of the heirs and devisees, and a working list of the estate's assets and debts. Utah's estate representative is the personal representative, specified as an executor (named in a will) or an administrator (appointed where there is no will).
- Prepare the documents. Utah uses one statewide probate forms set, not a Davis County set. The informal-probate documents are published on the Utah Courts self-help pages at utcourts.gov, and every probate filing includes the Utah District Court Cover Sheet for Probate Actions. Confirm a form's current name on the Utah Courts self-help pages before relying on it.
- File with the Clerk of the District Court at the Davis County courthouse, 800 West State Street, Farmington, where Davis County probate is filed. A Utah-licensed attorney must e-file through the state electronic-filing system; a self-represented filer files on paper in person or by mail to P.O. Box 769, Farmington, UT 84025. Pay the $375 fee to file a probate petition or application, set by statute and the same in every county (Utah Code § 78A-2-301(1)(a), set by statute and uniform statewide, verified July 2026); a filer who cannot afford the fee may ask the court to waive it (Utah Code § 78A-2-302).
- Complete registrar review or the hearing. In an informal probate, the court's registrar reviews the application without a hearing and, if it is in order, signs a statement of informal probate and issues the letters. A formal probate is set before a district court judge for hearing.
- Receive authority. The court issues letters testamentary (with a will) or letters of administration (no will), the personal representative's proof of authority to open the estate account, collect assets, and act for the estate.
- Administer and close. Give any required notice to creditors, collect the assets, pay valid debts, file an accounting where required (a graduated accounting fee applies under Utah Code § 78A-2-301(1)(r)), distribute to the heirs or devisees, and close the estate. Utah imposes no state estate tax and no state inheritance tax, so no Utah death-tax return is required.
Forms and documents
Probate forms in Davis County
There is no Davis County probate form set. Utah uses one statewide probate forms set, used in every county and published on the Utah Courts self-help pages at utcourts.gov. The self-help pages publish the informal-probate documents, including the Application for Informal Probate, the Statement of Informal Probate, the letters, and the small-estate affidavit (Utah Code § 75-3-1201). Every probate filing includes the Utah District Court Cover Sheet for Probate Actions, and the informal-probate application has with-will and no-will versions. The Utah Courts online document-preparation service (OCAP, being replaced by MyPaperwork) has generated these documents in the past; check the current tool and its case types on utcourts.gov. Confirm a form's current name on the Utah Courts self-help pages before relying on it.
The county's role is where and how you file, not a different form set. In Davis County the completed documents are filed with the Clerk of the District Court at the Farmington courthouse: a Utah-licensed attorney e-files through the state electronic-filing system, and a self-represented filer files on paper in person or by mail. The Clerk's staff can tell you how the office wants filings made, but they cannot give legal advice or tell you which route to choose.
Recent updates
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Davis County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Farmington, Layton, or Bountiful home held in joint tenancy with right of survivorship passes to the surviving spouse outside probate; title is cleared by recording the death certificate and the supporting affidavit with the Davis County Recorder. Accounts and property in the decedent's sole name may still need probate. If the sole-name estate holds only personal property under the small-estate ceiling, the survivor may use the affidavit (Utah Code § 75-3-1201); otherwise an informal probate is opened with the Clerk of the District Court in Farmington. | Asset discovery to separate survivorship property from sole-name assets. Packet generation for the small-estate affidavit or the informal-probate application. Guidance on clearing title with the Davis County Recorder. |
| Out-of-state adult child, small estate | If the parent was domiciled in Davis County and left a small estate holding only personal property, a successor may use the small-estate affidavit (Utah Code § 75-3-1201), presented directly to whoever holds the property 30 days after death, with no court case. If the estate is larger or holds real property, the child prepares an informal-probate application from the Utah Courts self-help forms and files it by mail with the Clerk of the District Court in Farmington, which an out-of-state child can often do without traveling to Utah. | Asset discovery to confirm what the estate holds and which route fits. Packet generation for the affidavit or the informal-probate application. Attorney referral if the estate turns out to be larger or contested. |
| Parent settling a predeceased child's estate, home must be sold | Probate in the District Court in Davis County. Because there is no will, the parent applies to be appointed administrator and receives letters of administration, then collects the assets and lists the child's Davis County real estate. The home is sold under the personal representative's authority before the remaining property is distributed. A contested step, such as a dispute among heirs, moves the matter to a formal probate before a district court judge (Utah Code § 75-3-401). | Asset discovery for the child's accounts and property. Packet generation for the administration application and the accounting. Attorney referral to run a formal probate or any contested step. |
Self-help resources
| Resource | What it offers |
|---|---|
| Second District Court, Utah Courts (utcourts.gov/en/courts/court-types/dist/dist-sites/2nd.html) | The court's own page for the Second Judicial District, with the location directory covering the Farmington, Layton, and Bountiful courthouses, contact, and directions for Davis County filings |
| Utah Courts self-help, Informal Probate (utcourts.gov/en/self-help/case-categories/probate/informal-probate.html) | Step-by-step guidance on the informal-probate route, the forms, and the Clerk of the District Court filing process |
| Utah Courts self-help, Probate (utcourts.gov/en/self-help/case-categories/probate.html) | The statewide probate self-help hub, with the forms, the cover sheet, and plain-language guidance used in every Utah county |
| Utah State Courts Self-Help Center ((888) 683-0009, [email protected]) | Free help by phone, text, and email for self-represented filers, including probate forms and instructions; staffed Monday to Friday, 11:00 a.m. to 5:00 p.m. |
| MyCourtCase (formerly MyCase; utcourts.gov/en/self-help/services/mycase.html) | Lets a party view their own case for free and, for supported case types, e-file into an existing case |
| Utah Legal Services (utahlegalservices.org) | Free civil legal help for income-eligible Davis County residents; its Senior Law Project uses volunteer attorneys for wills-and-estates issues for seniors; confirm probate coverage before relying on it |
| Utah State Bar, Find a Lawyer (utahbar.org) | Lawyer referral statewide, including Davis County probate attorneys |
When to hire an attorney
Many Davis County families complete an informal probate on their own, using the statewide self-help forms, because the registrar reviews an informal application without a hearing. Counsel makes more sense when the matter is or becomes a formal probate before a district court judge, such as a will contest, an unclear or disputed will, or a fight over who should serve; when the estate is insolvent or its solvency is in doubt; when the estate holds a business interest or out-of-state property; when Davis County real estate must be sold and the terms are disputed; or when heirs are in conflict. Sunset can connect families to a vetted Davis County probate attorney when the situation calls for counsel.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit union accounts, retirement plans, brokerage holdings, life insurance, Davis County real estate, business interests, and unclaimed property, so you know the estate's value for estate settlement and can pick the right Utah route before you file.
Generate the probate packet. Sunset assembles the Davis County filing: the small-estate affidavit where the estate qualifies, or the informal-probate application, the cover sheet, and the supporting documents, ready to file with the Clerk of the District Court in Farmington, or to e-file through a Utah attorney.
Find a local probate attorney. When an estate needs a formal probate or is contested, Sunset connects families to a vetted Davis County probate attorney to file and appear.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file probate in Davis County, Utah?
With the Clerk of the District Court in Davis County, at the courthouse at 800 West State Street, Farmington, UT 84025; mail goes to P.O. Box 769, Farmington, UT 84025. Utah has no separate probate court, so probate is handled by the District Court as a case type (Utah Code Title 75). Venue is the county where the decedent was domiciled at death (Utah Code § 75-3-201).
Is there a probate court in Davis County?
No. Utah has no separate probate court. Probate is handled by the District Court in Davis County, the general-jurisdiction trial court of the Second Judicial District, as one of the case types it hears under the Utah Uniform Probate Code (Utah Code Title 75). Applications and petitions are filed with the Clerk of the District Court, and the judicial officer is a district court judge.
Which Davis County courthouse handles probate?
Davis County probate is filed with the Clerk of the District Court at the main courthouse in Farmington, 800 West State Street, the county's main trial court. Davis County has two additional court locations, the Layton District Court at 425 North Wasatch Drive in Layton and the Bountiful District Court at 805 South Main in Bountiful, where certain matters are heard; confirm with the clerk which location handles your filing before going in person.
Can I e-file probate in Davis County?
It depends on who is filing. E-filing through the state electronic-filing system is mandatory for Utah-licensed attorneys in district-court cases, including probate. Self-represented filers generally file on paper in person or by mail with the Clerk of the District Court, using the statewide self-help forms; check MyCourtCase (formerly MyCase) for whether your case type supports self-represented e-filing.
How much does it cost to file probate in Davis County?
$375 to file a probate petition or application. This fee is set by statute and is the same in every Utah county (Utah Code § 78A-2-301(1)(a), verified July 2026). A graduated accounting fee also applies when the personal representative files an accounting (Utah Code § 78A-2-301(1)(r)), and a filer who cannot afford the fee may ask the court to waive it (Utah Code § 78A-2-302).
How do I look up a Davis County probate case?
There is no free public per-county probate docket search. XChange (utcourts.gov) is Utah's subscription case-search service, and MyCourtCase (formerly MyCase; utcourts.gov/en/self-help/services/mycase.html) lets a party view their own case for free. For records on a specific estate, contact the Clerk of the District Court or use XChange.
What forms do I use for a Davis County estate?
The statewide Utah probate forms, not a Davis County set. The Utah Courts self-help pages at utcourts.gov publish the informal-probate documents, including the Application for Informal Probate, the Statement of Informal Probate, the letters, and the small-estate affidavit (Utah Code § 75-3-1201). Every probate filing includes the Utah District Court Cover Sheet for Probate Actions. Confirm a form's current name on the self-help pages before relying on it.
Do I have to travel to Farmington to settle the estate?
Not necessarily. A self-represented filer can file an informal-probate application on paper by mail with the Clerk of the District Court, prepared from the Utah Courts self-help forms, so an informal probate can often be started without appearing in person. Formal probate before a district court judge and any contested hearing are handled at the courthouse.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.