Overview
San Juan County is located in Utah with a population of approximately 14,500. The 7th 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 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 and includes no real property, successors may use a Small Estate Affidavit to collect assets 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 time spent or a flat fee agreed upon by the parties.
This guide provides an informational overview of the San Juan 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
7th District Court (San Juan County)
Probate matters in San Juan County are handled at the Monticello Courthouse.
Address: 297 S Main St, P.O. Box 68, Monticello, UT 84535
Phone: 435-587-2122 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The 7th District Court serves San Juan, Carbon, Emery, and Grand counties. The Monticello location handles filings for San Juan County residents.
Parking and Access
Free street parking is generally available around the courthouse building in Monticello. 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 is valued at $100,000 or less (excluding real property) and 30 days have passed since death, you may be able to skip probate.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights 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 7th District Court. Include:
- Application for Informal Probate or Petition for Formal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee of $375
- Nomination of Personal Representative (if not named in will)
Attorneys are required to e-file documents. Self-represented litigants may file in person or use the court's e-filing 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 upon appointment for informal probate).
- Publish notice to creditors in a newspaper of general circulation in San Juan County (such as the San Juan Record) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if paperwork is in order. For formal probate, the court will schedule a hearing. Upon approval, the judge or clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 3 months from the first publication for claims.
- Inventory and appraise all estate assets within 90 days 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
San Juan County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for self-represented parties via approved providers (e.g., GreenFiling).
- Publication: Notice to creditors is typically published in the San Juan Record.
- Hearings: Many probate matters in the 7th District are handled administratively by the clerk if uncontested (informal probate).
- Remote Appearances: The court may allow remote appearances via Webex for certain hearings; check with the clerk for current protocols.
Always check with the court clerk for the most up-to-date local rules and standing orders.
Timeline & Fees
Filing Fees (San Juan County)
- Probate Petition: approximately $375
- Small Estate Affidavit: No court filing fee (affidavit is presented to holder of property)
- Certified copies of Letters: approximately $5 per document + $0.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Objection to Probate: approximately $375
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: 12 months to 2+ years
The creditor claim period is 3 months from the date of first publication, which sets a minimum timeline for closing the estate.
Local Resources
San Juan County Court Resources
- Court Website: https://www.utcourts.gov/
- Probate Self-Help: https://www.utcourts.gov/en/self-help/categories/probate.html
- Utah Probate Forms: https://www.utcourts.gov/en/self-help/categories/probate/informal-probate.html
Legal Aid and Attorney Referrals
- Utah State Bar: 801-531-9077 — Licensing and regulation
- Utah Legal Services: 800-662-4245 — Free legal help for eligible low-income residents
- Licensed Lawyer Referral: https://www.licensedlawyer.org/
Publication
- San Juan Record: 435-587-2277 — Newspaper of general circulation in Monticello/San Juan County