Overview
Cache County is located in Utah with a population of approximately 145,487. 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 a Petition for Probate (or Application for Informal 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 Small Estate Affidavit procedure for estates valued at $100,000 or less (excluding real property). There is also a summary administrative procedure for surviving spouses where the entire estate passes to the spouse.
Utah does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable and are often based on hourly rates or a flat fee.
This guide provides an informational overview of the Cache 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
Probate matters in Cache County are handled at the First District Court.
Address: 135 North 100 West, Logan, UT 84321
Phone: (435) 750-1300 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The First District Court serves Cache, Box Elder, and Rich counties. The Cache County location is in downtown Logan.
Parking and Access
Public parking is available on the street surrounding the courthouse, though some areas have 2-hour time limits. Be mindful of posted signs to avoid tickets.
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, and no real property is involved, successors may collect assets via affidavit 30 days after death.
- Summary Administration: Available if the value of the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs of administration, reasonable funeral expenses, and reasonable medical and hospital expenses of the last illness.
- 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 (or Application for Informal Probate) with the First District Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original Will (if applicable)
- Certified Death Certificate
- $375 filing fee
- Renunciations/Nominations from other heirs (if applicable)
Attorneys are required to e-file. Self-represented litigants may file by email or in person.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (for formal probate)
- Publish notice in a newspaper of general circulation in Cache County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. (Note: Informal probate often does not require a hearing).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors once a week for three successive weeks. Creditors have 3 months from the first publication to file claims.
- Inventory and appraise all estate assets within 3 months
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Cache County-Specific Procedures
- Mandatory E-filing for Attorneys: All attorneys must file documents electronically via an approved service provider.
- Informal vs. Formal: Most uncontested estates in Utah proceed informally without a court hearing. Formal probate is reserved for disputes or complex issues.
- GreenFiling: The Utah courts use systems like GreenFiling for electronic document submission.
- Publication: Notice must be published in a newspaper of general circulation in Cache County for three consecutive weeks.
Attorneys must e-file. Self-represented parties may file by email.
Timeline & Fees
Filing Fees (Cache County)
- Probate Petition: approximately $375
- Objection to Probate: approximately $375
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $100-$300 depending on the newspaper
- Online payment convenience fees may apply
Utah does not have a statutory fee schedule. Fees must be reasonable.
Payment Methods
The court accepts cash, checks, credit/debit cards. Credit card payments may incur a transaction fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2 years
The 3-month creditor claim period is a mandatory minimum wait time for closing.
Local Resources
Cache County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Self-Help Center
- Utah Probate Forms: Utah Informal Probate Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Professional association for attorneys in Utah.
- Utah Legal Services: (801) 328-8891 — Free legal help for eligible low-income Utahns.
- State Bar Lawyer Referral: licensedlawyer.org
Publication
- The Herald Journal: (435) 752-2121 — Primary newspaper for legal notices in Cache County.
- Utah Legals: N/A — Statewide online repository for legal notices.