Overview
Duchesne County is located in Utah with a population of approximately 20,803. The Eighth Judicial 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 Utah Uniform Probate Code (Title 75). The process begins with filing an Application for Informal Probate of Will 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 Small Estate Affidavit procedure for estates valued at $100,000 or less (excluding vehicles and if no real property is involved). There is also a simplified process for Summary Administration if the estate value does not exceed the homestead allowance, exempt property, family allowance, costs of administration, and funeral expenses.
Utah does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on services provided.
This guide provides an informational overview of the Duchesne 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
Duchesne County District Court
Probate matters in Duchesne County are handled at the Duchesne County District Court.
Address: 21554 West 9000 South, Duchesne, UT 84021
Phone: (435) 264-4700 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The court is located in the Duchesne County Justice Center complex. The Eighth District Court also maintains a location in Roosevelt (255 South State Street).
Parking and Access
Free parking is available at the courthouse complex.
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 (excluding vehicles) and there is no real property.
- Joint Tenancy or Beneficiary Designations: Assets held in joint tenancy or with named beneficiaries (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 an Application for Informal Probate with the Eighth Judicial District Court. Include:
- Application for Informal Probate
- Original Will (if applicable)
- Certified Death Certificate
- $375 filing fee
- Renunciations (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
- Publish notice in a newspaper of general circulation in Duchesne County for three consecutive 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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (creditors have 3 months 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
Duchesne County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for pro se litigants via MyCase or email.
- Remote Hearings: Many hearings are conducted via Webex. Check with the court clerk for specific instructions.
- Roosevelt Location: Probate matters may also be handled at the Roosevelt District Court location (255 South State Street).
- Publication: Notice must be published in a newspaper of general circulation in Duchesne County for three consecutive weeks.
Consult the Eighth District Court clerk for specific judge assignments and scheduling.
Timeline & Fees
Filing Fees (Duchesne County)
- Probate Petition: approximately $375
- Certified Copy of Order: approximately $5 (plus $0.50 per page)
- Certified copies of Letters: approximately $5 (plus $0.50 per page)
- Publication costs: approximately $100-$200 depending on the newspaper
- Motion fee: $100 (if applicable)
Utah does not set statutory attorney fees; fees are based on reasonable compensation.
Payment Methods
The court accepts cash, check, credit card, or money order. Credit card payments may incur a processing 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
Creditor claim period is 3 months.
Local Resources
Duchesne County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Self-Help Center
- Utah Probate Forms: Official court forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Find a Lawyer
- Utah Legal Services: (800) 662-4245 — Free legal help for eligible residents
- Utah Bar Licensed Lawyer Search: licensedlawyer.org
Publication
- Uintah Basin Standard: (435) 722-5131 — Legal notices publication
- Deseret News (Statewide): (801) 204-6100 — Statewide circulation