Overview
Box Elder County is located in Utah with a population of approximately 57,666. The First 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 an Application for Informal Probate and Appointment of Personal Representative 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, successors may use an Affidavit for Collection of Personal Property to collect assets without formal court proceedings, 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 and are typically based on hourly rates or a flat fee agreed upon by the parties.
This guide provides an informational overview of the Box Elder 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
First District Court (Box Elder County)
Probate matters in Box Elder County are handled at the First District Court in Brigham City.
Address: 43 North Main Street, Brigham City, UT 84302
Phone: (435) 734-4600
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The First District Court serves Box Elder, Cache, and Rich counties. The court is located in the historic courthouse building in downtown Brigham City.
Parking and Access
Free street parking is generally available around the courthouse square. The building is accessible to persons with disabilities; 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 of personal property valued at $100,000 or less, you may use an affidavit 30 days after death.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass automatically to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application/Petition
If formal probate is needed, file an Application for Informal Probate or Petition for Formal Probate with the First District Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee of $375
- Acceptance of Appointment
Attorneys are required to e-file documents. Self-represented litigants may file in paper or use the court's OCAP system.
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 within 10 days of informal appointment).
- Publish notice to creditors in a newspaper of general circulation in Box Elder County (such as the Box Elder News Journal) 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 court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 3-month period for claims
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Verified Statement of Personal Representative Closing Estate to conclude the matter
Local Requirements
Box Elder County-Specific Procedures
- E-filing: Attorneys must e-file all documents. Pro se litigants are encouraged to use the MyCase or OCAP systems but may file paper documents.
- Local Rules: The First District Court follows the Utah Rules of Civil Procedure and Utah Code Title 75.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as the Box Elder News Journal.
- Hearings: Informal probate applications are typically processed by the court clerk without a hearing. Formal petitions require a hearing before a judge.
Always check with the court clerk for the most current local administrative orders or procedural changes.
Timeline & Fees
Filing Fees (Box Elder County)
- Probate Petition/Application: approximately $375
- Small Estate Affidavit: No court filing fee (not filed with court)
- Certified copies of Letters: approximately $5 per document plus $0.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
- Objection to Probate: approximately $375
Utah law requires personal representative and attorney fees to be "reasonable." There is no statutory percentage fee.
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): 4-6 months (minimum 3 months for creditor claims)
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2+ years
The creditor claim period in Utah is 3 months from the first date of publication.
Local Resources
Box Elder County Court Resources
- Court Website: https://www.utcourts.gov/
- 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 of attorneys
- Utah Legal Services: (800) 662-4245 — Legal aid for qualifying low-income residents
- Licensed Lawyer Referral: https://www.licensedlawyer.org/
Publication
- Box Elder News Journal: (435) 723-3471 — https://www.benewsjournal.com/