Overview
Emery County is located in Utah with a population of approximately 10,161. 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 the 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.
For smaller estates, Utah offers an Affidavit for Collection of Personal Property if the value of the estate's personal property (excluding vehicles) does not exceed $100,000 and 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 based on the services provided.
This guide provides an informational overview of the Emery 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 (Emery County)
Probate matters in Emery County are handled at the Emery County District Court.
Address: 1850 N Des Bee Dove Rd, Castle Dale, UT 84513
Phone: (435) 264-4750 (Clerk's Office)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The District Court is located in the Emery County Justice Center complex in Castle Dale.
Parking and Access
Free public parking is available in the lot adjacent to the courthouse building. 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 consists of personal property valued at $100,000 or less (excluding up to four vehicles), you may 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 directly to the surviving 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 7th District Court. Include:
- Application for Informal Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee of $375
- Statement of Informal Probate
Attorneys are required to e-file; self-represented litigants may file by mail or in person.
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 (or as required by specific court instruction).
- Publish notice to creditors in a newspaper of general circulation in Emery County (such as the Emery County Progress) once a week for three successive weeks.
Step 4: Appointment and Letters
For informal probate, a hearing is often not required if the application is complete and uncontested. The Registrar will review the documents and, if approved, issue 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 taxes.
- Distribute assets to beneficiaries.
- File a Verified Statement of Personal Representative Closing Estate to conclude the matter.
Local Requirements
Emery County-Specific Procedures
- E-filing: Mandatory for attorneys via approved service providers (e.g., GreenFiling). Pro se litigants may file in paper or via email in some districts (check with the clerk).
- Hearings: Informal probate typically does not require a hearing unless an objection is filed. Formal probate requires a scheduled hearing.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Emery County, such as the Emery County Progress, for three consecutive weeks.
Always check with the court clerk for the most current local rules and judge-specific requirements.
Timeline & Fees
Filing Fees (Emery County)
- Probate Petition/Application: approximately $375
- Small Estate Affidavit: $0 (presented to holder of property; filing not required unless disputed)
- Certified copies of Letters: approximately $5 per certified copy (plus copy fees)
- Publication costs: approximately $100-$200 depending on the newspaper
- Objection filing: approximately $375
Utah law allows for reasonable compensation for personal representatives and attorneys; there is no fixed statutory percentage.
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 is 3 months from the first date of publication, which sets the minimum timeline for closing an estate.
Local Resources
Emery County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Probate Page
- Utah Probate Forms: MyPaperwork (formerly OCAP)
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensing and regulation
- Utah Legal Services: (800) 662-4245 — Legal aid for eligible low-income residents
- Licensed Lawyer Referral: licensedlawyer.org
Publication
- Emery County Progress: (435) 381-2431 — Local newspaper for legal notices