Overview
Millard County is located in Utah with a population of approximately 13,572. The Fourth 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.
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 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 Millard 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
Fourth District Court (Millard County)
Probate matters in Millard County are handled at the Millard County District Court in Fillmore.
Address: 765 South Highway 99, Suite 6, Fillmore, UT 84631
Phone: (435) 743-6223
Hours: Monday through Thursday, 8:00 AM to 5:30 PM; Friday, 8:00 AM to 5:00 PM
The court is located in the Millard County offices complex. The District Court Clerk's office handles filings for probate cases.
Parking and Access
There is a free parking lot available directly in front of the county building. The facility is ADA accessible.
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 an affidavit to collect assets 30 days after death.
- Joint Tenancy/Beneficiary Designations: Assets held in joint tenancy or with valid beneficiary designations (POD/TOD) pass outside of probate.
- 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 of Will and Appointment of Personal Representative with the Fourth District Court. Include:
- The original will (if applicable)
- Certified death certificate
- Filing fee of $375
- Proposed Order and Letters
Utah courts require documents to be filed electronically (e-filing) for attorneys, while self-represented litigants may file in person or by mail.
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 court rule).
- Publish notice to creditors in a newspaper of general circulation in Millard County, such as the Millard County Chronicle Progress, once a week for three successive weeks.
Step 4: Appointment and Letters
For informal probate, the registrar can review the application and issue Letters Testamentary or Letters of Administration without a hearing if the application is complete and unopposed.
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 estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- Close the estate by filing a Verified Statement of Personal Representative Closing Estate
Local Requirements
Millard County-Specific Procedures
- E-filing: Attorneys are required to e-file. Self-represented parties may file paper documents at the court clerk's office.
- Hearings: Most informal probate matters are handled administratively by the court clerk/registrar without a hearing. Formal probate matters will require a hearing before a judge.
- Publication: Notice to creditors is typically published in the Millard County Chronicle Progress.
- Local Rules: The Fourth District Court may have specific case management practices; check with the clerk for any judge-specific requirements.
Timeline & Fees
Filing Fees (Millard County)
- Probate Petition/Application: approximately $375
- Small Estate Affidavit: No court filing fee (presented directly to asset holders)
- Certified copies of Letters: approximately $5 per document plus $0.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper
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 date of the first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Millard County Court Resources
- Court Website: Fourth District Court
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: Utah State Courts Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensed Lawyer Referral
- Utah Legal Services: (800) 662-4245 — utahlegalservices.org
Publication
- Millard County Chronicle Progress: (435) 864-2400 — millardccp.com