Informal, formal, and supervised probate in Utah explained in plain English. Duties, timeline, and costs for Salt Lake and Utah County families.
Utah Probate, Explained for the Family Member Who Has to Handle It
If your parent left assets in their own name, without a beneficiary, a joint owner, or a trust, someone usually needs court authority to collect and transfer them. In Utah, that person is the personal representative. Probate sounds intimidating, but for many families it's a series of predictable steps. This page explains them in plain English.
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The three types of Utah probate
Informal probate
Filed with the court registrar, usually without a hearing. It fits most families where the will is clear (or there is no will) and no one objects. This is the most common path in the Third District (Salt Lake County) and Fourth District (Utah County).
Formal probate
A judge decides questions at a hearing, such as whether a will is valid, who should serve, or how an unclear will should be read. Used when the original will is missing, there's a dispute, or certainty is needed.
Supervised probate
The court oversees the whole administration and must approve distributions. It's less common and usually ordered when there's serious conflict or a need for extra protection.
What a personal representative does, step by step
Get appointed
File the application or petition in the county where your parent lived, and receive letters testamentary or letters of administration.
Give notice
Notify heirs and devisees of your appointment within the required time.
Publish notice to creditors
Publish notice once a week for three weeks in a local newspaper and mail notice to known creditors.
Get an EIN and open an estate account
All estate money goes in and out of this account. Never use your personal account.
Inventory and value assets
List every asset with its date-of-death value and provide the inventory to interested persons.
Manage the estate
Secure and insure the house, keep up with bills that must be paid, and decide what to sell.
Handle claims and taxes
Pay valid claims in the order Utah law requires and file your parent's final income tax returns and any estate income tax returns.
Distribute and close
Distribute according to the will or Utah intestacy law, get receipts, and close the estate with the court.
Typical timeline
- Weeks 1–4: Gather documents, file, receive letters.
- Month 1–2: Publish notice to creditors and send notices to heirs.
- Months 2–5: Creditor period runs. Under Utah Code § 75-3-801, creditors generally have 3 months after first publication of notice to present claims.
- Without published notice, claims may be brought up to 1 year after death. That's why we almost always recommend publishing.
- Months 5–12: Sell or transfer property, file taxes, distribute, and close. Many uncontested Utah probates close within 6–12 months.
How probate fees and court costs work
Court costs: Utah's filing fee to open a probate case is currently $400. Expect smaller costs for certified copies of letters, newspaper publication of creditor notice (often a few hundred dollars), and recording deeds.
Attorney fees: For uncontested informal probates we offer flat-fee packages for defined steps. Formal, supervised, or contested matters are billed hourly with a written estimate up front.
Who pays: In most cases, reasonable attorney fees and court costs are paid from the estate, not out of your pocket. We'll explain the costs in writing before you hire us.
Frequently asked questions
Do I need probate if there's a will?
Usually, if assets are in your parent's name alone. A will is instructions to the court; it doesn't transfer property by itself.
What if there's no will?
Utah intestacy law decides who inherits, and a close family member can ask to be appointed personal representative.
Can I sell Mom's house during probate?
Often yes, once you have letters, especially in informal probate. We'll confirm your authority and any notice needed first.
Do I have to live in Utah to serve?
No, a non-resident can generally serve as personal representative in Utah.
Is the personal representative paid?
Utah allows reasonable compensation. Many family members waive it; it is taxable income if taken.
Free: First 30 Days After a Parent Dies in Utah
A one-page checklist of what to secure, who to call, and what can wait.
You don't have to do this alone
Not sure which type of probate you need, or whether you need probate at all? Schedule your free 20-minute consultation by telephone or video conference at estate.hastingslaw.us/contact or call (801) 721-8066.
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