Overview
Davis County is located in Utah with a population of approximately 378,470. The Second 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 of Will and Informal 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 collect assets via a Small Estate Affidavit after a 30-day waiting period, without opening a formal court file.
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 Davis 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
Second District Court (Farmington)
Probate matters in Davis County are handled at the Second District Court in Farmington.
Address: 800 West State Street, Farmington, UT 84025
Phone: (801) 447-3800 (Farmington Department)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Second District Court serves Davis, Weber, and Morgan counties. The Farmington location is the primary courthouse for Davis County probate filings.
Parking and Access
Free public parking is available in the lot adjacent to the courthouse. All visitors must pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's net value is $100,000 or less and includes no real property (unless the real property is also under the threshold and specific conditions are met), you may be able to use an affidavit after 30 days.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with right of survivorship pass directly to the co-owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If formal probate is needed, file an Application for Informal Probate with the Second 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
- Nomination of Personal Representative (if the applicant is not the priority nominee)
E-filing is mandatory for attorneys and available for self-represented litigants via the Utah Courts e-filing system.
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 granted (or as required by specific court instruction).
- Publish notice to creditors in a newspaper of general circulation in Davis County (such as the Davis County Clipper or Standard-Examiner) once a week for three successive weeks.
Step 4: Appointment and Letters
For informal probate, a hearing is typically not required unless the application is contested. The Probate Registrar reviews the application. If approved, the Registrar issues a Statement of Informal Probate and 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
Davis County-Specific Procedures
- E-filing: The Utah State Courts require attorneys to e-file. Self-represented parties are encouraged to use the OCAP (Online Court Assistance Program) or e-filing service providers.
- Bond requirements: Bond is generally required unless the will waives it or all beneficiaries waive the requirement in writing.
- Local court rules: The Second District may have specific case management practices; check with the court clerk for any judge-specific standing orders.
- Publication: Notice to creditors must be published in a newspaper circulating in Davis County, such as the Davis County Clipper.
Consult the Utah State Courts Self-Help Center for the most current forms and instructions tailored to Davis County.
Timeline & Fees
Filing Fees (Davis County)
- Probate Petition/Application: approximately $375
- Small Estate Affidavit: No court filing fee (document is presented to asset holders)
- Certified copies of Letters: approximately $5 per document plus $0.50 per page
- Publication costs: approximately $200-$500 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 applies to card payments.
Estimated Timelines
- Simple estates (informal, no disputes): 4-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2 years or more
Creditors have 3 months from the first date of publication to file claims, which sets a minimum timeline for closing the estate.
Local Resources
Davis County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: Utah State Court Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensing and regulation
- Utah Legal Services: (801) 328-8891 — Low-income legal assistance
- Licensed Lawyer Referral Service: licensedlawyer.org
Publication
- Davis County Clipper: (801) 295-2251 — Local legal notices
- Standard-Examiner: (801) 625-4200 — Regional circulation