How long does Utah probate take?

The statutes give periods, not a total: the inventory within three months of the appointment (Utah Code § 75-3-705), claims presented within three months after the first publication of the notice to creditors or one year after the death (§ 75-3-801, § 75-3-803), and the court's determination of allowed claims and the representative's compensation where an interested person objects (§ 75-3-806, § 75-3-718). The proceeding itself is commenced within three years after the death (§ 75-3-107).

Does Utah have a small estate procedure?

Yes. Thirty days after the death, a person holding the decedent's tangible personal property or an instrument, a transfer agent or the Motor Vehicle Division delivers it to a successor on an affidavit stating that the entire estate subject to administration, less liens and encumbrances, does not exceed $100,000 and that no personal representative has been appointed (Utah Code § 75-3-1201). The affidavit reaches personal property, not land.

Who files the will after a death in Utah?

After the death and on request of an interested person, a person having custody of the will delivers it with reasonable promptness to a person able to secure its probate; a person who wilfully fails to deliver a will is liable for the damages the failure causes (Utah Code § 75-2-902).

Utah Probate, Explained

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What is probate?

Probate is the court process that settles a deceased person's estate — proving any will, appointing a personal representative, paying valid claims and expenses, and distributing what remains to the heirs or devisees. In Utah the district court of the county hears it (Utah Code § 78A-5-101), and a proceeding is commenced within three years after the death (Utah Code § 75-3-107). Assets that pass another way (a funded Trust, beneficiary designations, property held with right of survivorship) generally skip probate.

The main types of Utah probate

Appointment of the personal representative

After the death, whoever holds the will delivers it, on an interested person's request, to a person able to secure its probate (Utah Code § 75-2-902); an application or petition asks the district court to appoint the personal representative the will names or, where there is none, the person the statute prefers. The representative prepares an inventory within three months of appointment, with each item's value and any encumbrance (Utah Code § 75-3-705).

Informal and formal, unsupervised and supervised

Most Utah estates are administered informally and without court supervision of each step — the representative may publish the notice to creditors and gives written notice to the known creditors (Utah Code § 75-3-801), administers the claims (Utah Code § 75-3-803, § 75-3-806) and closes the estate; a formal or supervised administration brings disputed or complex steps to the court, where a contested matter follows the probate dispute rules (Utah R. Civ. P. 26.4). A trust itself is administered without court involvement unless an interested party invokes the court (Utah Code § 75B-2-201).

Small estates

Thirty days after the death, where the entire estate subject to administration, less liens and encumbrances, does not exceed $100,000 and no personal representative has been appointed, a successor collects the decedent's personal property, securities and up to four registered vehicles on an affidavit, without a court proceeding (Utah Code § 75-3-1201); the affidavit does not reach land.

What happens in a Utah probate

Deliver the will to a person able to secure its probate on an interested person's request (Utah Code § 75-2-902), and apply for the appointment of the personal representative within three years after the death (Utah Code § 75-3-107).
At appointment, publish the notice to creditors once a week for three successive weeks and on the public legal notice website, and give written notice to the known creditors — claims due three months after the first publication, or the later of 90 days from the publication and 60 days from the mailing for a creditor given written notice (Utah Code § 75-3-801).
Within three months after the appointment, prepare the inventory of the decedent's property with each item's fair market value at the date of death and any encumbrance, and send a copy to the interested persons who request it (Utah Code § 75-3-705).
Pay the valid claims, taxes and administration expenses; a claim not presented in time is barred, and in any event one year after the death (Utah Code § 75-3-803), and a disallowed claim is barred 60 days after the notice of disallowance (Utah Code § 75-3-806). The homestead allowance, the exempt property and the family allowance come before claims (Utah Code § 75-2-402, § 75-2-403, § 75-2-404).
Distribute what remains and close the estate once the claims and the allowances are settled; the personal representative and the attorney are entitled to reasonable compensation, which the court determines where an interested person objects (Utah Code § 75-3-718).

Can you avoid probate in Utah?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations, and property held with a right of survivorship generally pass outside probate, and a small estate's personal property passes by affidavit (Utah Code § 75-3-1201). What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and a Utah attorney can advise on your estate.

General information about Utah law, not legal advice.

Frequently asked questions

How long does Utah probate take?: The statutes give periods, not a total: the inventory within three months of the appointment (Utah Code § 75-3-705), claims presented within three months after the first publication of the notice to creditors or one year after the death (§ 75-3-801, § 75-3-803), and the court's determination of allowed claims and the representative's compensation where an interested person objects (§ 75-3-806, § 75-3-718). The proceeding itself is commenced within three years after the death (§ 75-3-107).
Does Utah have a small estate procedure?: Yes. Thirty days after the death, a person holding the decedent's tangible personal property or an instrument, a transfer agent or the Motor Vehicle Division delivers it to a successor on an affidavit stating that the entire estate subject to administration, less liens and encumbrances, does not exceed $100,000 and that no personal representative has been appointed (Utah Code § 75-3-1201). The affidavit reaches personal property, not land.
Who files the will after a death in Utah?: After the death and on request of an interested person, a person having custody of the will delivers it with reasonable promptness to a person able to secure its probate; a person who wilfully fails to deliver a will is liable for the damages the failure causes (Utah Code § 75-2-902).

General information about Utah law, not legal advice.