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Utah Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s District Court address and local filing details, see that county’s page.

Where Probate Happens

Utah probate is handled by the District Court in the county where the deceased was domiciled. Utah adopted the Uniform Probate Code (Title 75, Utah Uniform Probate Code), giving it a standardized system with informal probate as the common, minimal-court-involvement track.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Affidavit for Collection of Personal Property in a Small Estate Proceeding (Utah Code § 75-3-1201)

  • Total value of the estate subject to probate, less liens and encumbrances, must not exceed $100,000.
  • Up to four vehicles, boats, trailers, or semi-trailers registered in Utah don’t count toward the $100,000 limit.
  • The estate must have no real property – real estate can never be transferred by this affidavit, and always requires either probate or a small estate proceeding in district court.
  • At least 30 days must have passed since the death.
  • No personal representative can be appointed or pending appointment, in any jurisdiction.
  • Signed before a notary; not filed with the court – presented directly to whoever holds the property (banks, etc.), which is required to release it.
  • A separate Survivorship Affidavit, presented to the Utah Division of Motor Vehicles, specifically handles transferring title to up to four boats, motor vehicles, trailers, or semi-trailers.

STEP 2: FORMAL OR INFORMAL PROBATE (for estates over the threshold or with real property)

  1. File with the District Court in the relevant county; the court issues Letters Testamentary (with a will) or Letters of Administration (without one).
  2. Informal probate is the standard, minimal-court-involvement track for most uncontested Utah estates.
  3. Formal probate applies when there’s a dispute or the will is contested.
  4. A related summary closing procedure (§ 75-3-1204) lets a personal representative close certain small estates administered under summary procedures by filing a sworn statement, rather than a full formal accounting.

Timeline

Small estate affidavits can move relatively quickly once the 30-day wait passes. Informal probate timelines vary with complexity, though Utah’s UPC framework generally keeps the process efficient for uncontested estates.

Taxes

Utah has no state estate tax and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates – the federal exemption is $15 million per individual ($30 million per married couple) for 2026.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s District Court address, phone number, and local filing details, visit that county’s page.