Overview
Morgan County is located in Utah with a population of approximately 13,000. The Second Judicial 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 Title 75 of the Utah Code (Utah Uniform Probate Code). 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.
Small Estate Affidavit: Utah allows for a simplified procedure if the value of the entire estate subject to administration, less liens and encumbrances, does not exceed $100,000 and the estate contains no real property. Successors can collect assets via affidavit 30 days after the death.
Fees: Utah does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate. Fees must be "reasonable" based on the services provided.
This guide provides an informational overview of the Morgan 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
Second Judicial District Court (Morgan County)
Probate matters in Morgan County are handled at the Morgan County Courthouse.
Address: 48 W Young St, Morgan, UT 84050
Phone: (385) 350-9170 (District Court Team)
Hours: Contact the court to confirm current hours for District Court matters
The Second Judicial District Court handles probate matters for Morgan County. While there is a court clerk on-site at the Morgan County Courthouse, the Second Judicial District judges (who also cover Weber and Davis counties) travel to Morgan for hearings or conduct them remotely. Note that the Morgan County Courthouse also houses the Justice Court, which handles different matters.
Parking and Access
Free public parking is available in the lot adjacent to the courthouse. The building 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 is valued at $100,000 or less (net) and includes no real property, you may be able to skip probate after a 30-day waiting period.
- Summary Administration: Available if the value of the estate does not exceed the homestead allowance, exempt property, family allowance, costs of administration, and funeral/medical expenses.
- 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 with the Second Judicial 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 (if applicable)
E-filing is mandatory for attorneys and available for self-represented litigants through approved providers.
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 (or within 30 days after appointment in informal proceedings).
- Publish notice to creditors in a newspaper of general circulation in Morgan County (such as The Morgan County News) once a week for three successive weeks.
Step 4: Appointment and Letters
In informal probate, the registrar reviews the application. If approved, the registrar issues Letters Testamentary or Letters of Administration, which grant the personal representative authority to act. No hearing is typically required for informal probate unless an objection is filed.
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
- 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
Morgan County-Specific Procedures
- E-filing: Mandatory for all attorneys. Self-represented parties are encouraged to use the Utah Courts' OCAP (Online Court Assistance Program) or an e-filing service provider.
- Remote Hearings: The Second Judicial District frequently utilizes Webex for hearings. Check with the court clerk for specific login instructions if a hearing is scheduled.
- Local Rules: Morgan County follows the rules of the Second Judicial District. Be aware of Rule 4-103 regarding civil case management.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as The Morgan County News.
Timeline & Fees
Filing Fees (Morgan County)
- Probate Petition/Application: approximately $375
- Objection to Probate: approximately $375
- Certified copies of Letters: approximately $30 (varies by page count)
- Publication costs: approximately $100-$200 depending on the newspaper
- Small Estate Affidavit: No court filing fee (document is presented to asset holders)
Payment Methods
The court accepts credit/debit cards, checks, and money orders. 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, which sets a minimum timeline for closing the estate.
Local Resources
Morgan County Court Resources
- Court Website: Utah Courts Second District
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: OCAP & PDF Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensing and regulation
- Utah Legal Services: (801) 328-8891 — Aid for qualifying low-income residents
- Licensed Lawyer Referral: licensedlawyer.org
Publication
- The Morgan County News: (801) 829-3451 — Local legal notices
- Standard-Examiner: (801) 625-4200 — Regional circulation