Overview
Utah adopted the Uniform Probate Code (UPC) in substantial form, making its probate system one of the more streamlined and accessible in the country. Probate cases in Utah are handled by the district courts, with a probate registrar available to process informal applications without a court hearing.
Utah offers three main probate tracks:
- Small Estate Affidavit — for estates with personal property valued at $100,000 or less (plus up to four vehicles) and no real property, no court filing required
- Informal Probate — the most common track for uncontested estates, handled through the probate registrar with minimal court involvement
- Formal Probate — court-supervised proceedings required when disputes arise, the will is contested, or other complexities demand judicial oversight
Informal probate can be used whether or not the decedent left a will and regardless of estate size, as long as no one contests the proceeding. This flexibility makes informal probate the preferred path for the vast majority of Utah estates.
Utah does not impose a state estate tax or inheritance tax, which eliminates a significant administrative burden for most families. Only the federal estate tax applies for very large estates.
When Probate is Required
Probate is required in Utah when a decedent owned assets in their sole name that do not transfer automatically at death. Common examples include:
- Real property titled solely in the decedent's name or as tenants in common
- Bank accounts and investments without payable-on-death (POD) or transfer-on-death (TOD) designations
- Vehicles and titled personal property in the decedent's sole name (more than four vehicles cannot use the affidavit process)
- Business interests held individually
- Personal property exceeding the small estate threshold
Probate is generally not required for:
- Joint tenancy property — passes automatically to the surviving joint tenant(s)
- Beneficiary-designated assets — life insurance, retirement accounts, POD/TOD accounts
- Property held in a revocable living trust
- Small personal estates valued at $100,000 or less (plus up to four vehicles) with no real property — these can be handled with a small estate affidavit
- Property passing by operation of law — such as tenancy by the entirety
Utah's UPC framework and generous small estate affidavit threshold make it possible to avoid full probate proceedings in many cases. However, real property always requires either probate or a trust to transfer title after death.
Small Estate Options
Utah provides a small estate affidavit process that allows heirs to collect personal property without opening a probate case.
Eligibility requirements:
- The total value of the decedent's personal property must be $100,000 or less
- Vehicles (up to four) do not count toward the $100,000 threshold — boats and trailers are also excluded
- The estate must not include any real property (land or buildings)
- At least 30 days must have passed since the decedent's death
- No probate proceeding has been filed or is pending in Utah
How the process works:
- The successor or heir completes the Small Estate Affidavit form (available from the Utah Courts website)
- The affidavit is signed and notarized
- The completed affidavit is presented directly to banks, financial institutions, employers, or others holding the decedent's property
- The affidavit is not filed with any court — it is used directly with third parties
- The institution must release the property to the affiant upon receiving a valid affidavit
Important limitations:
- This process does not transfer real property — a probate case or trust is needed for real estate
- The affiant becomes personally liable for claims and debts of the estate up to the value of property received
- If the decedent owned more than four vehicles, the estate does not qualify for the small estate affidavit process
- If there are multiple heirs, all should ideally consent to the use of the affidavit
- For vehicles, the affidavit can also be presented to the Utah Division of Motor Vehicles for title transfer
Step-by-Step Process
1. Determine the appropriate probate track
Assess the estate's assets, value, and circumstances to determine whether you can use a small estate affidavit, informal probate, or formal probate. Most uncontested Utah estates use informal probate.
2. File the application or petition
For informal probate with a will, file Form 1002ES (Application for Informal Probate of Will and Appointment of Personal Representative) with the district court in the county where the decedent was domiciled. For informal probate without a will, use Form 1001ES. The filing fee is $375.
For formal probate, file a petition for formal probate with the district court. The filing fee is also $375.
3. Appointment of personal representative
In informal probate, the probate registrar (a district court judge acting in a registrar capacity) reviews the application and issues a Statement of Informal Probate (Form 1007ES) and Letters appointing the personal representative. No court hearing is required.
In formal probate, the court schedules a hearing, and a judge issues the appointment order after notice to all interested parties.
4. Accept appointment
File the Acceptance of Appointment to formally accept the role and its fiduciary duties.
5. Publish notice to creditors
Publish a Notice to Creditors in a newspaper of general circulation in the county where the estate is being administered. The notice must be published once per week for three successive weeks. Creditors then have the later of 3 months from the date of first publication or 60 days from the date of mailing (for creditors who receive direct notice) to present claims.
6. Notify known creditors and interested persons
Mail or deliver written notice to all known creditors. Also send the Information of Appointment to all heirs and devisees within 30 days of appointment.
7. Collect and inventory assets
Gather all estate assets and prepare a comprehensive inventory. While Utah does not require a formal inventory filing in informal probate, maintaining one is essential for proper administration and accounting.
8. Pay debts, claims, and taxes
Review and pay valid creditor claims in priority order. File the decedent's final income tax returns. Utah has no state estate tax, so only the federal estate tax applies for qualifying estates.
9. File the Closing Statement
For informal probate, file a Closing Statement (verified under oath) after all debts are paid, claims resolved, and assets distributed. The closing statement must include a summary of all receipts and disbursements.
10. Distribute assets to beneficiaries
Distribute remaining assets according to the will or Utah's intestacy laws. Obtain receipts from beneficiaries. In formal probate, a court hearing is required before distribution.
Timeline & Costs
Typical timeline:
- Small estate affidavit: A few weeks to 2 months (available 30 days after death)
- Informal probate: 6 to 12 months minimum
- Formal unsupervised: 9 to 18 months
- Formal supervised: 12 to 24+ months
All probate cases must remain open long enough for the creditor claim period to run — at minimum 3 months from the date of first publication of the notice to creditors.
Court filing fees:
- Small estate affidavit: $0 (no court filing required)
- Informal probate: $375
- Formal probate: $375
- Certified copies: small additional fee per copy
Personal representative compensation:
Utah allows reasonable compensation for the personal representative. There is no statutory percentage; compensation is typically based on the complexity and time involved, often similar to other UPC states at 1.5% to 3% of the estate value for routine estates.
Attorney fees:
Utah probate attorneys typically charge between $3,500 and $6,000 for straightforward informal probate, and $6,000 to $15,000+ for formal or contested proceedings. Hourly rates generally range from $200 to $500 per hour.
Additional costs:
- Newspaper publication of creditor notice: $100 to $300
- Certified copies of Letters: $10 to $25 per copy
- Appraisal fees: varies by asset type
- Title transfer recording fees: varies by county
Required Forms
Utah probate forms are designated with "ES" (Estates) suffixes and are available from the Utah Courts website (utcourts.gov). Key forms include:
Starting the case:
- Form 1001ES — Application for Informal Appointment of Personal Representative (intestate / no will)
- Form 1002ES — Application for Informal Probate of Will and Appointment of Personal Representative (testate / with will)
- Acceptance of Appointment — filed by the personal representative to formally accept the role
Court issuances:
- Form 1007ES — Statement of Informal Probate of Will and Appointment of Personal Representative
- Letters Testamentary (Form 1010ES) — issued when there is a will, proving the personal representative's authority
- Letters of Administration — issued when there is no will
Creditor notices:
- Notice to Creditors — published in a newspaper once per week for three successive weeks
- Information of Appointment — sent to all heirs and devisees within 30 days
Small estate:
- Small Estate Affidavit — Affidavit for Collecting Personal Property in a Small Estate Proceeding (available from the Utah Courts website)
Closing:
- Closing Statement — verified statement filed when informal probate is complete
- Petition for Final Settlement — used in formal probate, requires a court hearing
Other forms:
- Demand for Notice (Form 1008ES) — allows interested persons to request notice of filings
- Petition for Formal Probate — used when informal proceedings are not appropriate
Executor Duties
In Utah, the estate administrator is called the personal representative — whether named in a will or appointed by the court. Their fiduciary duties include:
Immediate responsibilities:
- File the will with the district court in the county of the decedent's domicile
- Apply for appointment as personal representative (or petition in formal proceedings)
- File the Acceptance of Appointment to formally assume the role
- Obtain Letters Testamentary or Letters of Administration — the official authority to act for the estate
- Secure and protect all estate assets from loss, damage, or waste
Administrative duties:
- Open an estate bank account for all financial transactions
- Notify the Social Security Administration, employers, pension plans, and insurance companies
- Publish the Notice to Creditors in a local newspaper for three successive weeks
- Mail written notice to all known creditors
- Send the Information of Appointment to all heirs and devisees within 30 days
- Manage the decedent's ongoing obligations (mortgage, utilities, insurance)
- Maintain detailed records of all transactions
Financial obligations:
- Collect and inventory all estate assets
- Obtain appraisals for real property, business interests, and other assets requiring valuation
- File the decedent's final federal and Utah state income tax returns
- File a federal estate tax return if the estate exceeds the federal exemption threshold
- Review and pay valid creditor claims in statutory priority order
- Pay estate administration expenses (court fees, attorney fees, publication costs)
Distribution and closing:
- Distribute assets to beneficiaries according to the will or Utah intestacy laws
- Obtain signed receipts from each beneficiary for property distributed
- File the Closing Statement (informal) or Petition for Final Settlement (formal)
- Account for all assets received, disbursements made, and property distributed
- The personal representative remains liable until the estate is formally closed or the closing statement has been on file for one year without objection
Unique State Rules
Uniform Probate Code state
Utah adopted the Uniform Probate Code (UPC) in substantial form under Title 75 of the Utah Code. This provides standardized, well-documented probate procedures with an emphasis on informal proceedings and reduced court involvement. The UPC makes Utah one of the more efficient states for probate administration.
No state estate tax or inheritance tax
Utah does not impose a state estate tax or inheritance tax. Only the federal estate tax applies, currently affecting estates exceeding approximately $13.99 million (2025 threshold). This means the vast majority of Utah estates have no state-level death tax obligations.
Generous small estate threshold with vehicle exclusion
Utah's small estate affidavit threshold is $100,000 in personal property, with a unique provision that up to four vehicles, boats, and trailers are excluded from this calculation. This means an estate could have $100,000 in personal property plus up to four vehicles and still qualify for the small estate affidavit, making the effective threshold among the most generous in the country.
Registrar-based informal probate
In Utah, the probate registrar is a district court judge acting in a registrar capacity. Applications for informal probate are reviewed by the registrar without a hearing. If the application is in order, the registrar issues the appointment, making informal probate significantly faster and less expensive than formal proceedings.
Homestead allowance and exempt property
Utah provides a surviving spouse with a homestead allowance of $22,500 and exempt property not exceeding $15,000 in value (covering household furnishings, automobiles, and personal effects). These allowances are in addition to any share of the estate the spouse receives and have priority over creditor claims.
Elective share
Utah provides a surviving spouse with an elective share of the decedent's estate. The surviving spouse must make the election within nine months after the date of death or six months after probate of the will, whichever occurs later.
One-year closing statement period
In informal probate, the closing statement becomes final one year after filing unless an interested party objects. This provides a built-in statute of limitations for challenges to the personal representative's administration.
Self-help resources
The Utah Courts website provides comprehensive self-help resources for probate, including step-by-step instructions, downloadable forms, and guides for self-represented personal representatives. Utah is one of the more accessible states for handling probate without an attorney.
How SwiftProbate Helps
Utah's UPC-based system is efficient, but navigating the forms, deadlines, and procedures still takes effort — especially when you are managing an estate while grieving. SwiftProbate generates a tailored roadmap for your specific Utah estate.
What SwiftProbate does for Utah estates:
- Determines the right track — evaluates whether your estate qualifies for the small estate affidavit (including the vehicle exclusion), informal probate, or formal probate based on asset types, values, and circumstances
- Identifies the correct forms — maps your situation to the specific ES-series forms you need, from application through closing
- Generates Utah-specific deadlines — including the 3-month creditor claim period, 30-day notice requirements, and filing timelines
- Creates asset-specific task lists — with steps for transferring real property through probate, collecting personal property via affidavit, closing financial accounts, and retitling vehicles through the Utah DMV
- Confirms no state tax obligations — verifies that no Utah estate or inheritance tax applies and identifies whether federal estate tax filing is required
Start with a free account to get your Phase 1 estate administration checklist, covering the essential first steps for opening and managing a Utah estate.