Overview
Sevier County is located in Utah with a population of approximately 22,500. 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 a Petition for Probate 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 file a Small Estate Affidavit 30 days after death to collect assets without formal probate.
Filing fees in Utah are standardized across the state. The current filing fee for a probate petition is $375. Utah does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on services provided.
This guide provides an informational overview of the Sevier 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 (Sevier County)
Probate matters in Sevier County are handled at the Sevier County District Court in Richfield.
Address: 845 East 300 North, Richfield, UT 84701
Phone: (435) 896-2700
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The court is located in the Sevier County Justice Center. The District Court handles all probate, guardianship, and conservatorship cases.
Parking and Access
Free parking is available in the lot adjacent to the courthouse. Visitors must pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists solely of personal property valued at $100,000 or less, you may be able to use an affidavit 30 days after death.
- Joint Tenancy & Beneficiary Designations: Assets held in joint tenancy or with valid pay-on-death designations pass directly to beneficiaries.
- 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 Sixth District Court. Include:
- Petition for Administration or Probate of Will
- Original will and codicils (if any)
- Filing fee of $375
- Proposed Order and Letters
Attorneys are required to e-file documents. Self-represented litigants may file in paper at the courthouse or utilize the court's e-filing system if available.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing.
- Publish notice to creditors in a newspaper of general circulation in Sevier County (such as The Richfield Reaper) once a week for three successive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, typically 2 to 4 weeks after filing. If the petition is uncontested and all waivers are filed, a hearing may not be required for informal probate. Upon approval, the court issues Letters Testamentary or Letters of Administration.
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 taxes.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge to close the estate.
Local Requirements
Sevier County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for pro se litigants.
- Local Rules: The Sixth District follows the Utah Rules of Civil Procedure and the Utah Uniform Probate Code.
- Hearings: Many uncontested probate matters in the Sixth District can be handled informally without a court hearing if the registrar approves the application.
- Publication: Notice to creditors is typically published in The Richfield Reaper.
Always check with the court clerk for the most current local administrative orders.
Timeline & Fees
Filing Fees (Sevier County)
- Petition for Probate: $375
- Small Estate Affidavit: $0 (no court filing required, presented to holder of property)
- Certified copies of Letters: approximately $5 per document plus $0.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice
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
Sevier County Court Resources
- Court Website: https://www.utcourts.gov/en/about/courts/dist/dist-sites/6th/sevier.html
- Probate Self-Help: https://www.utcourts.gov/en/self-help/categories/probate.html
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensing and regulation
- Utah Legal Services: (800) 662-4245 — Legal aid for qualifying low-income residents
- Licensed Lawyer Referral: https://www.licensedlawyer.org
Publication
- The Richfield Reaper: (435) 896-5414 — General circulation newspaper for Sevier County