Dying Without a Will in Utah

Utah Probate Process — Best Proven Guide (2026)

By Oleg Kachko · Updated June 11, 2026

✓ Verified June 2026

This guide explains the Utah probate process in plain English — which court handles it, how long it takes, what it costs, and how families can sometimes skip it. All figures are from Utah law, verified as of June 2026.

Utah Probate at a Glance

Here are the key facts about the Utah probate process:

Court that handles probate Utah District Courts (filed in the county where the decedent resided at death) — governed by Utah Code Title 75 (Utah Uniform Probate Code)
Probate types available Informal probate (no hearing, handled by court registrar), formal probate (court hearings required), supervised probate (full court oversight for every action), small estate affidavit (no court filing, for personal property estates up to 100000)
Typical timeline 6-9 months for informal probate; 12-18 months for formal probate
Fastest option Small estate affidavit — available 30 days after death for personal property estates valued at 100000 or less (excluding liens); no court filing required. For estates requiring court involvement, informal probate may complete in 4-6 months when uncontested.
Fee structure REASONABLE-FEE state. Utah Code Section 75-3-718 entitles personal representatives and attorneys to “reasonable compensation.” There is no statutory percentage schedule. If no interested person objects, reasonable compensation is whatever the personal representative requests in a petition. If objected to, the court determines reasonableness based on quality, quantity, and value of services; circumstances; and prevailing practice for fiduciaries in similar situations.
Typical total cost Personal representative and attorney fees typically fall in the 2-5% range of estate value in practice, plus filing fees and publication costs. Total out-of-pocket costs for a simple informal probate (filing fee, publication, certified copies) often run 500-2000 before professional fees.
Court filing fee 375 for a standard probate case; 35 for ancillary probate (filing out-of-state appointment); final accounting fees range from 15-175 depending on estate value
Executor compensation Reasonable compensation — no statutory percentage. Utah Code Section 75-3-718 allows the personal representative to request compensation in a petition; if no interested person objects, the requested amount is deemed reasonable. If the will specifies compensation, the personal representative may renounce that provision and claim reasonable compensation instead.
⚠ In Utah, you generally have Probate must be filed within 3 years of the date of death. Informal probate cannot be filed until 120 hours (5 days) after death. Small estate affidavit requires a 30-day waiting period after death. to open probate after a death. Do not wait until the last minute — gather the will and death certificate early.

How to Avoid Probate in Utah

Revocable living trust (assets held in trust bypass probate entirely); transfer-on-death deeds for real property (Utah Code Title 75 Chapter 6 Part 4, effective May 2019 — must be recorded before death); joint tenancy with right of survivorship; payable-on-death and transfer-on-death designations on bank accounts and securities; beneficiary designations on life insurance and retirement accounts; small estate affidavit for personal property estates up to 100000

Out-of-state property (ancillary probate): Yes, Utah requires ancillary probate for out-of-state decedents who owned Utah real property. Governed by Utah Code Title 75 Chapter 4. A foreign personal representative may file authenticated copies of their out-of-state appointment with the Utah district court in the county where the property is located, gaining the same powers as a locally appointed representative. Filing fee is 35 for ancillary filings.

Other Utah probate rules: Utah adopted the Uniform Probate Code (UPC), making its process more streamlined than non-UPC states. Informal probate is never formally closed — the personal representative retains authority indefinitely, which is useful if assets surface later but creates ongoing liability exposure. The creditor claim period is 3 months from the date of first published notice. Utah allows transfer-on-death deeds for real property (not all states do).

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The personal representative compensation standard is unusually permissive — compensation is whatever is requested unless someone objects. Utah Code Section 75-3-1201 also provides a separate small estate affidavit process for up to 4 boats, motor vehicles, trailers, or semi-trailers (presented to Utah DMV rather than any financial institution).

Understanding the Utah Probate Process

The Utah probate process follows a clear sequence — open the case, appoint the executor, inventory assets, pay debts, then distribute what is left. How long the Utah probate process takes and what it costs depends on the type of probate the estate qualifies for, which is why the exact figures above matter.

Many families are relieved to learn the Utah probate process is simpler and cheaper than they feared, especially for smaller or well-planned estates. Your state probate court’s self-help center can guide an executor through the Utah probate process step by step.

You don’t have to do this alone

If you are settling a loved one’s estate in Utah, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Utah Sources & Resources

This Utah probate guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Utah Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.