Overview
Salt Lake County is located in Utah with a population of approximately 1,216,274. The Third 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 (Form 1000 series) 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 collect personal property via a Small Estate Affidavit after a 30-day waiting period, without opening a court case.
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 Salt Lake 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
Third District Court (Salt Lake County)
Probate matters in Salt Lake County are handled at the Scott M. Matheson Courthouse.
Address: 450 South State Street, Salt Lake City, UT 84111
Mailing Address: P.O. Box 1860, Salt Lake City, UT 84114-1860
Phone: (801) 238-7300 (General Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Division is part of the District Court. Filings are generally handled electronically or through the clerk's office on the main floor.
Parking and Access
Public parking in the underground garage at the Matheson Courthouse is restricted. Visitors should utilize nearby public parking lots or metered street parking. The courthouse is also accessible via TRAX (Courthouse Station). Security screening is required for all visitors entering 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 consists of personal property valued at $100,000 or less, you may be able to use an affidavit after 30 days.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with right of survivorship pass automatically to the survivor.
- 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 Probate with the Third District Court. Include:
- Application for Informal Probate or Petition for Formal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($375)
- Renunciations or Waivers from other heirs (if applicable)
E-filing is mandatory for attorneys and available for self-represented parties via the MyCase system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the application/petition to all heirs, beneficiaries, and interested parties at least 10 days before any hearing (or within 10 days of appointment in informal proceedings).
- Publish notice to creditors in a newspaper of general circulation in Salt Lake County for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required; the clerk can review and approve 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 of notice to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Sworn Statement of Personal Representative Closing Estate to conclude the matter
Local Requirements
Salt Lake County-Specific Procedures
- E-filing: Attorneys are required to e-file. Self-represented litigants are encouraged to use the MyCase system or a certified E-Filing Service Provider (EFSP).
- Mediation: The Third District Court may refer contested probate matters to mediation.
- Publication: Notice to creditors is typically published in The Salt Lake Tribune, Deseret News, or the Intermountain Commercial Record.
Always check the current Third District Court local rules for specific formatting or procedural requirements.
Timeline & Fees
Filing Fees (Salt Lake County)
- Probate Petition: approximately $375
- Small Estate Affidavit: No court filing fee (document is presented to asset holder)
- Certified copies of Letters: approximately $4 per document + $0.50 per page
- Publication costs: approximately $100-$300 depending on the newspaper
- Objection to Probate: approximately $375 (if filing a cross-petition)
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): 4-6 months (minimum 3 months for creditor claims)
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Utah is 3 months from the date of the first publication of notice.
Local Resources
Salt Lake County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: MyPaperwork (Online Court Assistance)
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensing and regulation
- Utah Legal Services: (801) 328-8891 — Legal aid for qualifying individuals
- Licensed Lawyer Referral: licensedlawyer.org
Publication
- The Salt Lake Tribune: (801) 204-6300 — General circulation
- Deseret News: (801) 204-6300 — General circulation
- Intermountain Commercial Record: (801) 533-0556 — Legal notices