Overview
Kane County is located in Utah with a population of approximately 8,500. The Sixth 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 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 liens and encumbrances) consisting solely of personal property. There is a 30-day waiting period after death before this affidavit can be used.
Utah does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the time and effort required.
This guide provides an informational overview of the Kane 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
Sixth District Court
Probate matters in Kane County are handled at the Kane County Courthouse.
Address: 76 North Main, Kanab, UT 84741
Phone: (435) 264-4790 (Clerk of Court)
Hours: Contact the court to confirm current hours
The Sixth District Court serves Kane County and handles probate, civil, and criminal cases. The court clerk's office can assist with procedural questions but cannot provide legal advice.
Parking and Access
Free street parking is generally available around the courthouse and in the surrounding Kanab city center. The building is accessible to persons with disabilities.
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 and includes no real estate, successors can collect assets via affidavit after 30 days.
- Summary Administration: Available if the value of the entire estate, less liens and encumbrances, does not exceed the homestead allowance, exempt property, family allowance, costs of administration, and funeral expenses.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal probate is needed, file an Application for Informal Probate (or Petition for Formal Probate) with the Sixth District Court. Include:
- Application for Informal Probate and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($375)
- Renunciations or Nominations from other heirs (if applicable)
E-filing is mandatory for attorneys and available for self-represented litigants through approved service providers.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the application/hearing to all heirs, beneficiaries, and interested parties at least 10 days before any hearing (for formal probate) or within 30 days of appointment (for informal probate).
- Publish notice to creditors in a newspaper of general circulation in Kane County (such as the Southern Utah News) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required; the clerk reviews the application. For formal probate, the court will schedule a hearing. If approved, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months from the first publication to file 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 final accounting and petition for discharge (or a sworn statement to close the estate)
Local Requirements
Kane County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for self-represented parties.
- Probate Classes: The court may recommend personal representatives review the Utah Courts' informal probate training materials.
- Local Rules: Check Sixth District local rules for specific scheduling or exhibit requirements.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Kane County, such as the Southern Utah News, for three consecutive weeks.
Consult the court clerk for any specific judge's standing orders regarding probate administration.
Timeline & Fees
Filing Fees (Kane County)
- Probate Petition/Application: approximately $375
- Certified copies of Letters: approximately $5 per certified copy (plus $0.50 per page)
- Publication costs: approximately $100-$200 depending on the newspaper
- Objection to Probate: approximately $375
- Motion fees: vary based on type
Utah law requires attorney and personal representative fees to be reasonable; there is no statutory percentage.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa/Mastercard). A convenience fee typically applies for card payments.
Estimated Timelines
- Simple estates (informal, no disputes): 4-6 months
- Average estates: 6-12 months
- Complex or contested estates: 1 year or more
The creditor claim period is 3 months from the first date of publication, which sets a minimum timeline for closing the estate.
Local Resources
Kane County Court Resources
- Court Website: Sixth District Court
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: State Court Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Lawyer Referral Service
- Utah Legal Services: (801) 328-8891 — Legal aid for qualifying individuals
- Licensed Lawyer: Find a Lawyer
Publication
- Southern Utah News: (435) 644-2900 — General circulation in Kane County
- The Spectrum: (435) 674-6200 — Regional coverage