Overview
Iron County is located in Utah with a population of approximately 65,936. The Fifth 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 a Petition for Probate (Informal or Formal) 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 claim assets via a Small Estate Affidavit 30 days after death without court involvement.
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 Iron 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
Fifth District Court
Probate matters in Iron County are handled at the Iron County Courthouse.
Address: 40 North 100 East, Cedar City, UT 84720
Phone: (435) 867-3250
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Fifth District Court serves Iron, Beaver, and Washington counties. The court clerk's office can assist with procedural questions but cannot provide legal advice.
Parking and Access
Public parking is available near the courthouse. Security screening is required for entry into the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (excluding vehicles) and includes no real property, you may be able to collect assets by affidavit 30 days after death.
- 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 Petition
If formal probate is needed, file a Petition for Informal Probate with the Fifth 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
- Acceptance of Appointment
Utah courts require e-filing for attorneys. Self-represented litigants may file in person or via the MyCase 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.
- Publish notice to creditors in a newspaper of general circulation in Iron County (such as The Spectrum or Iron County Today) 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 court registrar can sign the findings and issue Letters Testamentary or Letters of Administration typically 5 days after the application is filed (120 hours post-death). Formal probate requires a hearing before a judge.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 3 months for claims
- 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
Iron County-Specific Procedures
- E-filing: Mandatory for attorneys; optional but encouraged for pro se litigants via Utah's MyCase system.
- Mediation: The Fifth District may refer contested probate matters to mediation.
- Local Rules: Follow Utah Rules of Civil Procedure and local Fifth District practice standards.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Iron County, such as The Spectrum or Iron County Today, for three consecutive weeks.
Always check with the court clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Iron County)
- Probate Petition: approximately $375
- Small Estate Affidavit: No court filing fee (out-of-court procedure)
- Certified copies of Letters: approximately $5 per document plus $0.50 per page
- Publication costs: approximately $150-$300 depending on the newspaper
- Objection to Probate: approximately $375
Utah law requires attorney and personal representative fees to be "reasonable" rather than a fixed percentage of the estate.
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 probate): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 12 months to 2 years
Creditors have 3 months after publication of notice to file claims, which sets the minimum timeline for closing an estate.
Local Resources
Iron County Court Resources
- Court Website: Fifth District Court
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: MyPaperwork
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensed Lawyer Referral
- Utah Legal Services: (800) 662-4245 — utahlegalservices.org
Publication
- The Spectrum: (435) 674-6200 — thespectrum.com
- Iron County Today: (435) 865-3922 — ironcountytoday.com