Utah Probate Information

Utah probate turns on questions the family should answer before opening a court file: whether there is a will and who will serve, whether the estate holds real property, and how large the estate is. The path depends on the size and makeup of the estate. The small-estate affidavit route is available only where the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000 (Utah Code 75-3-1201, current version effective May 7, 2025), and 30 days have passed since death, so confirming the estate's value and what it holds often decides the whole approach. The affidavit reaches personal property only; it does not reach real property, so an estate with Utah real estate to transfer generally needs a court probate.

Property held jointly with rights of survivorship, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with named beneficiaries, and trust property all pass outside probate. Before filing anything with the Clerk of the District Court, identify every asset and debt and confirm how each asset is titled and valued, because the estate value decides whether the small-estate affidavit fits, whether real property is involved, and what accounting fee may apply under Utah Code 78A-2-301(1)(r). Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.

Utah probate runs through the District Court, the state's general-jurisdiction trial court. There is no separate probate court in Utah, no surrogate, and no register of wills; probate under the Utah Uniform Probate Code (Utah Code Title 75) is one of the case types the district courts hear, not a standing division. When Title 75 says "the court," it means the district court sitting in probate. The judicial officer is a district court judge, and the filing office is the Clerk of the District Court. In an informal probate, the application is reviewed by the court's registrar, the judge, commissioner, or clerk the court designates, without a hearing; a formal probate is heard by a district court judge. The 29 counties are grouped into 8 judicial districts for administration, but a probate is filed in the decedent's own county, in that county's district court, not "in the district." This knowledge base has a separate page for each of the 29 counties, because courthouse locations, hours, and local contacts differ from county to county even though the statewide law, forms, and fee schedule do not.

Venue is the county where the decedent was domiciled at death. Under Utah Code 75-3-201, venue for the first informal or formal testacy or appointment proceeding is the county where the decedent had a domicile at the time of death, or, if the decedent was not domiciled in Utah, any county where the decedent's property was located at death. Venue for all later proceedings stays where the initial proceeding occurred. In practice, file in the district court of the county where the decedent lived at death, or, for a non-resident, where the Utah property is (Utah Code 75-3-201).

Probate runs through the District Court. There is no separate probate court in Utah. Probate is handled by the District Court, the state's general-jurisdiction trial court, as one of the case types it hears under the Utah Uniform Probate Code (Utah Code Title 75). The judicial officer is a district court judge, and the filing office is the Clerk of the District Court. The 29 counties are grouped into 8 judicial districts for administration, but a probate is filed in the decedent's own county, in that county's district court.

Informal probate is reviewed by the court's registrar. In an informal probate (Utah Code 75-3-301), the application is reviewed by the court's registrar, the judge, commissioner, or clerk the court designates, without a hearing. If approved, the registrar signs a Statement of Informal Probate and issues letters. A formal probate (Utah Code 75-3-401) is heard by a district court judge and is used when there is a dispute or a need for a court order.

Venue is domicile-first. Venue for the first proceeding is the county where the decedent was domiciled at death, or, for a decedent not domiciled in Utah, any county where the decedent's property was located at death (Utah Code 75-3-201). Venue for later proceedings stays where the first proceeding occurred. File in the district court of the county where the decedent lived.

Small-estate affidavit reaches personal property only. Thirty days after death, a successor may collect the decedent's personal property by sworn affidavit where the entire estate subject to administration, less liens and encumbrances, does not exceed $100,000 (Utah Code 75-3-1201, current version effective May 7, 2025). The affidavit reaches personal property, securities, and up to four boats, vehicles, or trailers through the Motor Vehicle Division. It does not reach real property, and water-company shares are excluded, so an estate with Utah real estate to transfer generally needs a court probate.

Summary administration is a closing shortcut, not a dollar ceiling. The summary administrative procedure (Utah Code 75-3-1203) applies inside an opened estate when the inventory shows the whole estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs of administration, funeral expenses, and last-illness medical expenses. It has no fixed dollar figure. The personal representative may then disburse and distribute without giving notice to creditors and file a closing statement (Utah Code 75-3-1204).

Three-year time limit. An informal probate or formal testacy proceeding may not be commenced more than three years after the decedent's death, with narrow exceptions for doubt about the fact of death, an absent person with a conservator, and a 12-month window to contest an informally probated will (Utah Code 75-3-107). After three years, parties generally use a different process, such as a determination of heirs.

Uniform statewide fees. The $375 fee to file a probate petition or application is set by statute and is the same in every county and judicial district (Utah Code 78A-2-301(1)(a)). A graduated accounting fee applies when an accounting is filed: $15 for an estate valued at $50,000 or less; $30 for more than $50,000 up to $75,000; $50 for more than $75,000 up to $112,000; $90 for more than $112,000 up to $168,000; and $175 for more than $168,000 (Utah Code 78A-2-301(1)(r)). Fee waivers are available by motion (Utah Code 78A-2-302).

No state estate tax and no inheritance tax. Utah has no estate tax and no inheritance tax. No Utah estate-tax or inheritance-tax return is required regardless of estate size. Utah's former pick-up estate tax was tied to the federal state death-tax credit that Congress phased out, and it was eliminated for deaths after December 31, 2004, so it produces no liability (Utah State Tax Commission, tax.utah.gov).

Federal estate tax. The separate federal estate tax applies only above the federal exemption, which is $15 million per individual for deaths in 2026 under the One Big Beautiful Bill Act (signed July 4, 2025, and indexed annually).

Attorney-mandatory e-filing; XChange versus MyCourtCase. E-filing is mandatory for attorneys in district-court cases, including probate. Self-represented filers generally file on paper, in person, by mail, or by email, at the Clerk of the District Court, using the forms on the Utah Courts self-help probate pages. For case lookup, XChange (utcourts.gov) is Utah's subscription public case-search service, not a free per-county docket; MyCourtCase (formerly MyCase) lets a party view their own case for free.

A Utah attorney is advisable when the estate is or may become contested, such as a will contest or a dispute over heirship; when the will is unclear, missing, or defective; when the estate is insolvent; when real property or a business interest must be sold or valued; when a formal probate before a district court judge is required; or when the three-year time limit (Utah Code 75-3-107) has run and a different process is needed. For an estate that qualifies for the collection affidavit (Utah Code 75-3-1201) or a straightforward informal probate (Utah Code 75-3-301), many Utah families complete the process without an attorney, using the Utah Courts self-help forms. Sunset can connect families to a vetted Utah probate attorney when the situation requires counsel.

Find the accounts and assets. Sunset searches more than 2,300 financial institutions and Utah public records to surface bank and credit-union accounts, retirement plans, brokerage holdings, life insurance, Utah real estate, vehicles, business interests, and unclaimed property, and flags how each asset is titled so the family can tell what passes outside probate during estate settlement, whether the estate fits the $100,000 small-estate affidavit cap (Utah Code 75-3-1201), and whether it crosses the federal estate-tax exemption of $15 million per individual for deaths in 2026.

Generate the probate packet. Sunset assembles the packet for the estate settlement path that fits, whether the small-estate affidavit, the Application for Informal Probate with its cover sheet, or the petition that opens a formal probate, ready to present to the asset holder or file with the Clerk of the District Court in the county where the decedent was domiciled.

Find a local probate attorney. When the situation calls for counsel, such as a contested estate, an insolvent estate, a real-property sale, or a formal probate before a district court judge, Sunset connects families to a vetted Utah probate attorney serving the relevant county.

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).