Overview
Utah County is located in Utah with a population of approximately 747,234. The Fourth 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 an Application for Informal Probate and Appointment of Personal Representative (Form 1001ES or 1002ES) 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 decedent owned no real property and the value of the entire estate (less liens and encumbrances) does not exceed $100,000, successors may collect assets using a Small Estate Affidavit 30 days after the death.
Utah does not have a statutory fee schedule for attorneys or personal representatives. Fees must be "reasonable" based on the time spent, the complexity of the services, and the value of the estate.
This guide provides an informational overview of the Utah 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
Provo District Courthouse
Probate matters in Utah County are handled at the Fourth District Court in Provo.
Address: 137 N Freedom Blvd, Provo, UT 84601
Phone: (801) 429-1000 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Fourth District Court serves Utah, Wasatch, Juab, and Millard counties, but the Provo location is the primary courthouse for Utah County residents.
Parking and Access
Public parking is available in the parking terrace located directly south of the courthouse (often shared with the Health and Justice Building). There is also metered street parking nearby. The courthouse is accessible via UTA bus routes and is near the Provo Central Station for FrontRunner and UVX access.
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 (no real estate), you may use an affidavit 30 days after death.
- Summary Administration: Available if the value of the estate does not exceed the homestead allowance, exempt property, family allowance, costs of administration, and funeral expenses.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If probate is needed, file an Application for Informal Probate (Form 1001ES or 1002ES) with the Fourth District Court. Include:
- Original Will (if applicable)
- Renunciations/Nominations (if applicable)
- Certified Death Certificate
- Filing fee of $375
- Proposed Order and Letters
Attorneys are required to e-file. Self-represented litigants may e-file via approved providers (like GreenFiling) or file in person at the courthouse.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the application to all heirs, beneficiaries, and interested parties at least 10 days before the appointment is finalized (or before a hearing if formal probate).
- Publish notice to creditors in a newspaper of general circulation in Utah County (such as the Daily Herald) once a week for three successive weeks.
Step 4: Appointment and Letters
For informal probate, no hearing is typically required. The Registrar reviews the application and, if complete, issues Letters Testamentary or Letters of Administration. If the estate is contested, a formal petition must be filed, and a hearing will be scheduled.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims are barred 3 months after the first publication)
- 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
Utah County-Specific Procedures
- E-Filing: Mandatory for attorneys; optional for pro se filers via certified Electronic Filing Service Providers (EFSPs).
- Informal vs. Formal: Most Utah probates are "informal," meaning they are handled administratively by the court registrar without a hearing. "Formal" probate requires a judge and a hearing and is used for disputes.
- Mediation: The Fourth District Court may refer contested probate matters to mediation to resolve disputes between heirs.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Utah County (e.g., Daily Herald) for three consecutive weeks.
Always check the current Utah Rules of Civil Procedure and local Fourth District rules for specific formatting requirements.
Timeline & Fees
Filing Fees (Utah County)
- Probate Petition/Application: $375
- Small Estate Affidavit: No court filing fee (document is presented to asset holders)
- Certified copies of Letters: $4 certification fee + $0.50 per page
- Publication costs: approximately $100-$200 depending on the newspaper
- Motion fees: Varies (typically included in initial fee or small additional charge)
Utah does not have a statutory fee schedule for attorneys or executors. Fees must be reasonable.
Payment Methods
The court accepts cash, checks, credit cards (Visa, Mastercard, Discover, Amex), and money orders. Credit card payments may incur a small processing fee.
Estimated Timelines
- Simple estates (informal, no disputes): 4-6 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period is 3 months from the first date of publication, which sets a minimum timeline for closing the estate.
Local Resources
Utah County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: Informal Probate Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Attorney referral service
- Utah Legal Services: (801) 328-8891 — Free legal assistance for eligible low-income residents
- Utah Bar Licensed Lawyer: licensedlawyer.org
Publication
- Daily Herald: (801) 373-5050 — Major daily newspaper for Utah County
- Salt Lake Tribune: (801) 204-6300 — Statewide circulation, acceptable for notice