Overview
Garfield County is located in Utah with a population of approximately 5,290. The Garfield County District Court (6th District) 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 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 and includes no real property, successors may use a Small Estate Affidavit to collect assets without formal probate, provided 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 and are typically based on the time and complexity of the work.
This guide provides an informational overview of the Garfield 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
Garfield County District Court
Probate matters in Garfield County are handled at the Garfield County Courthouse.
Address: 55 South Main Street, Panguitch, UT 84759
Phone: 435-676-1104
Hours: Contact the court to confirm current hours
The court is part of Utah's Sixth Judicial District. It is located in the historic county seat of Panguitch.
Parking and Access
Street parking is generally available around the courthouse. The building is accessible to the public during business hours, with security screening required 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 only of personal property valued at $100,000 or less, you may be able to skip probate 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 Petition
If formal probate is needed, file a Petition for Probate with the Garfield County 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 electronic filing (e-filing) for attorneys. Self-represented litigants may file in person or via email/mail in some districts, but should check with the court clerk.
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 (for informal probate).
- Publish notice to creditors in a newspaper of general circulation in Garfield County (such as The Wayne & Garfield County Insider) 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 sign the findings and issue Letters. For formal probate (contested cases or when a judge's signature is needed), a hearing will be scheduled.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow a 3-month period for claims
- 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
Garfield County-Specific Procedures
- E-filing: Attorneys are mandated to e-file. Pro se litigants may be able to file paper documents but are encouraged to use the MyCase system if available.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as The Wayne & Garfield County Insider.
- Hearings: Many routine probate matters in the 6th District can be handled informally by the clerk without a court appearance.
- Local Rules: Check with the Sixth District Court for any specific local administrative orders.
Always verify the specific judge's preferences for proposed orders and hearing scheduling.
Timeline & Fees
Filing Fees (Garfield County)
- Probate Petition: $375.00
- Small Estate Affidavit: No court filing fee (presented directly to asset holders)
- Certified copies of Letters: Approximately $5.00 per copy plus $0.50 per page
- Publication costs: Approximately $100-$200 depending on the newspaper
- Jury Demand: $250.00 (if applicable)
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 after the first publication of notice. The estate generally cannot be closed until this period expires and all claims are resolved.
Local Resources
Garfield County Court Resources
- Court Website: https://www.utcourts.gov/en/about/courts/dist/dist-sites/6th/garfield.html
- Probate Self-Help: https://www.utcourts.gov/en/self-help/categories/probate.html
- Utah Probate Forms: https://www.utcourts.gov/en/self-help/categories/probate/informal-probate.html
Legal Aid and Attorney Referrals
- Utah State Bar: 801-531-9077 — Licensing and regulation
- Utah Legal Services: 801-328-8891 — Civil legal aid for low-income Utahns
- Licensed Lawyer Referral: https://www.licensedlawyer.org/
Publication
- The Wayne & Garfield County Insider: 435-826-4400 — Legal notices