Overview
Beaver County is located in Utah with a population of approximately 7,424. The Fifth District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Utah probate is governed by the Utah Uniform Probate Code (Title 75). The process begins with filing a Petition for Probate to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Utah offers a simplified procedure for small estates. If the value of the entire estate (less liens and encumbrances) does not exceed $100,000 and includes no real property, successors may use a Small Estate Affidavit to collect assets without formal probate, provided at least 30 days have passed since the death.
Utah does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Beaver County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Fifth District Court (Beaver District Court)
Probate matters in Beaver County are handled at the Beaver District Court.
Address: 2270 South 525 West, Beaver, UT 84713
Phone: (435) 438-5309
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The court is located in the Beaver County Public Safety Facility. The Fifth District Court serves Beaver, Iron, and Washington counties, but filings for Beaver County residents should be directed to the Beaver location.
Parking and Access
Free parking is available at the courthouse complex. The building is ADA accessible. Security screening is required for entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists solely of personal property valued at $100,000 or less, you may be able to use an affidavit to collect assets 30 days after death.
- Joint Tenancy/Beneficiary Designations: Assets held in joint tenancy or with valid beneficiary designations (POD/TOD) pass directly to the survivor outside of probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Fifth District Court. Include:
- Application for Informal Probate or Petition for Formal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($375)
- Acceptance of Appointment
Utah courts require documents to be filed electronically (e-filing) by attorneys. Self-represented litigants may file in person or via email/mail in some circumstances, but should check with the court clerk.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the application/petition to all heirs, beneficiaries, and interested parties at least 10 days before any hearing (or upon appointment for informal probate).
- Publish notice to creditors in a newspaper of general circulation in Beaver County (such as The Beaver Press) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required; the clerk can review and approve the application. For formal probate, the court will schedule a hearing. If approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 3 months from the first publication for claims to be filed.
- Inventory and appraise all estate assets within 3 months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Verified Statement of Personal Representative Closing Estate to conclude the matter.
Local Requirements
Beaver County-Specific Procedures
- E-filing: Attorneys are required to e-file. Pro se litigants may use the court's OCAP system or file paper documents.
- Hearings: Many probate matters in the Fifth District are handled informally by the clerk without a hearing unless contested.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as The Beaver Press.
- Mediation: The Fifth District may refer contested probate matters to mediation.
Consult the Fifth District Court's local rules for specific courtroom decorum and scheduling procedures.
Timeline & Fees
Filing Fees (Beaver County)
- Probate Petition: approximately $375
- Small Estate Affidavit: No court filing fee (affidavit is presented to holder of property)
- Certified copies of Letters: approximately $5 per document plus $0.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Objection to Probate: approximately $375
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, Mastercard, Discover). A convenience fee may apply for card payments.
Estimated Timelines
- Simple estates (informal, no disputes): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period is 3 months from the date of first publication, which sets a minimum timeline for closing the estate.
Local Resources
Beaver County Court Resources
- Court Website: https://www.utcourts.gov/en/about/courts/dist/dist-sites/5th.html
- Probate Self-Help: https://www.utcourts.gov/en/self-help/categories/probate.html
- Utah Probate Forms: https://www.utcourts.gov/en/self-help/categories/probate/informal-probate.html
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensing and regulation
- Utah Legal Services: (800) 662-4245 — Legal aid for eligible low-income residents
- Licensed Lawyer Referral: https://www.licensedlawyer.org
Publication
- The Beaver Press: (435) 438-2891 — Newspaper of general circulation