Overview
Grand County is located in Utah with a population of approximately 9,700. The Seventh 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 often 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 use a Small Estate Affidavit to collect personal property without filing a probate action in court. This affidavit can be used 30 days after the decedent's 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 effort involved.
This guide provides an informational overview of the Grand 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
Seventh District Court (Grand County)
Probate matters in Grand County are handled at the Grand County Courthouse.
Address: 125 East Center Street, Moab, UT 84532
Phone: (435) 259-1349
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The District Court is located within the Grand County Courthouse in Moab. It serves as the general jurisdiction court for the county, handling civil, criminal, and probate cases.
Parking and Access
Public parking is available around the courthouse building. The facility is ADA accessible. Visitors may be subject to 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, you may be able to use a notarized affidavit to collect assets 30 days after death without court involvement.
- 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 Application
If probate is needed, file an Application for Informal Probate (or Petition for Formal Probate) with the Seventh District Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($375)
- Nomination of Personal Representative (if applicable)
Utah courts utilize an e-filing system which is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the application to all heirs, beneficiaries, and interested parties within 10 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Grand County (such as The Times-Independent) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required; the clerk can process the application if all paperwork is in order. For formal probate, the court will schedule a hearing to resolve any disputes or complexities.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 3 months 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
Grand County-Specific Procedures
- E-filing: Attorneys are required to e-file documents. Self-represented parties may file in paper or use the MyPaperwork system available through the Utah Courts website.
- Publication: Notice to creditors is typically published in The Times-Independent, which serves Moab and Grand County.
- Mediation: The Seventh District may refer contested probate matters to mediation.
Always check with the court clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Grand County)
- Probate Petition/Application: $375.00
- Small Estate Affidavit: No court fee (out-of-court procedure)
- Certified copies of Letters: $4.00 per document + $0.50 per page
- Publication costs: approximately $100-$200 depending on the length of the notice
- Objection to Probate: $375.00
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. The estate generally cannot be closed until this period expires.
Local Resources
Grand County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: MyPaperwork (Utah Courts)
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensed Lawyer Referral
- Utah Legal Services: (800) 662-4245 — utahlegalservices.org
Publication
- The Times-Independent: (435) 259-7525 — moabtimes.com