Overview
Tooele County is located in Utah with a population of approximately 84,488. 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 Title 75 of the Utah Code (Utah Uniform Probate Code). The process begins with filing a Petition for Probate (Form 1011ES 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.
This guide provides an informational overview of the Tooele 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 - Tooele County
Probate matters in Tooele County are handled at the Gordon R. Hall Courthouse.
Address: 74 South 100 East, Suite 14, Tooele, UT 84074
Phone: (435) 833-8000 (District Court)
Hours: Monday through Thursday, 8:00 AM to 4:30 PM
The Third District Court serves Salt Lake, Summit, and Tooele counties. In Tooele, the District Court is located in the same building as the Justice Court but handles probate and larger civil matters.
Parking and Access
Free street parking is generally available around the courthouse and in nearby public lots. 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 vehicles), successors can use an affidavit to collect assets 30 days after death.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights 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 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 of $375.00
- Acceptance of Appointment
Utah courts require e-filing for attorneys. Self-represented litigants may file in person or via email in some districts, but should check current local rules.
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 informal appointment).
- Publish notice to creditors in a newspaper of general circulation in Tooele County, such as the Tooele Transcript Bulletin, 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; the clerk may sign the findings. 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 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 taxes
- Distribute assets to beneficiaries
- File a Verified Statement of Personal Representative Closing Estate to conclude the matter
Local Requirements
Tooele County-Specific Procedures
- E-filing: Attorneys are mandated to e-file. Pro se litigants are encouraged to use the MyCase system or file in person.
- Local Rules: The Third District may have specific case management requirements; check with the court clerk for any judge-specific standing orders.
- Publication: Notice to creditors is typically published in the Tooele Transcript Bulletin.
Always check with the court clerk for the most up-to-date local forms and procedural nuances.
Timeline & Fees
Filing Fees (Tooele County)
- Probate Petition: approximately $375.00
- Small Estate Affidavit: No court filing fee (presented to holder of property)
- Certified copies of Letters: approximately $4.00 per document + $0.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Objection to Probate: approximately $375.00
Utah law requires personal representative and attorney fees to be "reasonable." There is no statutory percentage fee.
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: 6-12 months
- Complex or contested estates: 12 months to 2 years
Creditors have 3 months from the first date of publication to file claims, which sets a minimum timeline for closing the estate.
Local Resources
Tooele County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: OMCAP/Self-Help Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Lawyer Referral Service
- Utah Legal Services: (801) 328-8891 — Low-income legal assistance
- Licensed Lawyer: licensedlawyer.org
Publication
- Tooele Transcript Bulletin: (435) 882-0050 — tooeleonline.com