Overview
Carbon County is located in Utah with a population of approximately 20,613. The 7th 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 Title 75 of the Utah Code (Utah Uniform Probate Code). The process begins with filing a Petition for Probate (Informal or Formal) 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 a Small Estate Affidavit to collect personal property without formal probate, provided at least 30 days have passed since the death and no application for appointment of a personal representative is pending.
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 Carbon 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
7th District Court (Carbon County)
Probate matters in Carbon County are handled at the Carbon County District Court.
Address: 120 E Main St, Price, UT 84501
Phone: (435) 264-4640 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The court is located in the county seat of Price. The District Court has general jurisdiction over civil and criminal cases, including probate.
Parking and Access
Street parking is generally available around the courthouse. There is also a public parking lot located to the south of the courthouse building. The facility is ADA accessible.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (net value) and includes no real property (unless specific conditions are met), you may be able to use an affidavit to collect assets after a 30-day waiting period.
- 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 Petition
If formal probate is needed, file a Petition for Probate (Informal or Formal) with the 7th District Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($375)
- Acceptance of Appointment
Utah courts require e-filing for attorneys. Self-represented litigants may file in person or by mail, but are encouraged to use the MyCase system if available.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the application to all heirs, beneficiaries, and interested parties at least 10 days before the appointment is made (for informal probate).
- Publish notice to creditors in a newspaper of general circulation in Carbon County (such as ETV News) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if the paperwork is in order; the clerk can issue the order. For formal probate, the court will schedule a hearing to review the petition. 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 a 3-month period for claims after the first publication of notice.
- 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 final accounting and a Closing Statement to close the estate.
Local Requirements
Carbon County-Specific Procedures
- E-filing: Attorneys are mandated to e-file. Pro se litigants may file paper documents or use the state's online tools.
- Bond requirements: Bond is typically waived in the will or by consent of all heirs; otherwise, the court may require it.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Carbon County, such as ETV News, for three consecutive weeks.
Always check with the court clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Carbon County)
- Probate Petition: approximately $375
- Small Estate Affidavit: No court filing fee (presented to holder of property)
- Certified copies of Letters: $4.00 per document + $0.50 per page
- Publication costs: approximately $150-$250 depending on the newspaper
- Objection to Probate: $375
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards. 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: 9 months to 2+ years
The creditor claim period in Utah is 3 months from the date of the first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Carbon County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: MyPaperwork
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensed Lawyer Referral
- Utah Legal Services: (800) 662-4245 — utahlegalservices.org
Publication
- ETV News: (435) 613-0050 — etvnews.com