Overview
Summit County is located in Utah with a population of approximately 43,109. 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 Formal Probate of Will and Appointment of Personal Representative (or an Application for Informal 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, successors may file 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 the time and complexity of the work performed.
This guide provides an informational overview of the Summit 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
Summit County Courthouse
Probate matters in Summit County are handled at the Summit County Courthouse (Third District Court).
Address: 60 N Main St, Coalville, UT 84017
Phone: (435) 336-3200
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Third District Court serves Summit, Salt Lake, and Tooele counties. While the main courthouse is in Coalville, some matters may also be heard at the Silver Summit Justice Center in Park City depending on the case assignment.
Parking and Access
Free street parking is generally available around the courthouse in Coalville. Visitors should be prepared for security screening upon 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 is valued at $100,000 or less (excluding vehicles registered in Utah), successors can use an affidavit to collect assets 30 days after death.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with right of survivorship pass directly to the surviving owner.
- 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 Formal Probate (or Application for Informal Probate) with the Third District Court. Include:
- Petition or Application for Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($375)
- Nomination of Personal Representative (if applicable)
Utah courts require e-filing for attorneys. Self-represented litigants may file in person or via email/mail in some circumstances, but are encouraged to use the MyCase system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (for formal probate) or application (for informal probate) to all heirs, beneficiaries, and interested parties at least 10 days before the hearing or appointment.
- Publish notice to creditors in a newspaper of general circulation in Summit County (such as The Park Record) once a week for three successive weeks.
Step 4: Attend the Hearing
For formal probate, the court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration. Informal probate is processed administratively by the court clerk without a hearing if there are no objections.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 3 months 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
- File a Verified Statement of Personal Representative Closing Estate to conclude the matter
Local Requirements
Summit County-Specific Procedures
- E-filing: Attorneys are mandated to e-file. Pro se litigants are strongly encouraged to use the Utah State Courts' e-filing system.
- Bond requirements: Bond is generally required unless waived by the will or by all beneficiaries/heirs.
- Local court rules: The Third Judicial District may have specific case management rules; check with the clerk for judge-specific preferences.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Summit County, such as The Park Record, for three consecutive weeks.
Consult the Utah State Courts' Self-Help Center for the most current forms and instructions specific to the Third District.
Timeline & Fees
Filing Fees (Summit County)
- Probate Petition (Formal or Informal): approximately $375
- Small Estate Affidavit: No court filing fee (presented to holder of property)
- Certified copies of Letters: approximately $4 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: 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
Summit 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.html
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Attorney licensing and regulation
- Utah Legal Services: (801) 328-8891 — Legal aid for qualifying low-income residents
- Licensed Lawyer Referral Service: https://www.licensedlawyer.org/
Publication
- The Park Record: (435) 649-9014 — Newspaper of general circulation in Summit County