Overview
Wasatch County is located in Utah with a population of approximately 37,858. 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 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 hourly rates or a flat fee agreed upon by the parties.
This guide provides an informational overview of the Wasatch 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
Fourth District Court (Wasatch County)
Probate matters in Wasatch County are handled at the Fourth District Court in Heber City.
Address: 1361 S Highway 40, Heber City, UT 84032
Phone: (435) 654-4676 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The court is located in the Wasatch County Justice Center. The District Court handles all probate filings, while the Justice Court handles minor offenses. Ensure you are filing with the District Court clerk.
Parking and Access
Free parking is available in the lot adjacent to the Justice Center. The building is ADA accessible with security screening at the entrance.
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) and 30 days have passed since death, you may use an affidavit.
- 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 Fourth 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
- Acceptance of Appointment
E-filing is mandatory for attorneys and available for self-represented litigants via the Utah Courts 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 within 10 days of informal appointment).
- Publish notice to creditors in a newspaper of general circulation in Wasatch County once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is often not required if the paperwork is in order. For formal probate, the court will schedule a hearing. If approved, 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 for claims
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and taxes
- 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
Wasatch County-Specific Procedures
- E-filing: Mandatory for attorneys; optional but encouraged for pro se litigants.
- Mediation: The Fourth District may refer contested probate matters to mediation.
- Local Rules: Follow the Utah Rules of Civil Procedure and local Fourth District rules regarding case management.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Wasatch County for three consecutive weeks. Contact the court clerk for current approved publications.
Always check with the court clerk for the most current local administrative orders.
Timeline & Fees
Filing Fees (Wasatch County)
- Petition for Probate: approximately $375
- Small Claims (if applicable): $60-$185 depending on claim amount
- Certified copies of Letters: approximately $5 per document plus $0.50 per page
- Publication costs: approximately $200-$500 depending on the newspaper and length of notice
- Jury Demand: $250 (if applicable)
Utah does not set statutory percentage fees for attorneys or executors; fees must be "reasonable."
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (Visa, Mastercard, Discover). A convenience fee may apply for card payments.
Estimated Timelines
- Simple estates (Informal): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 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
Wasatch County Court Resources
- Court Website: Utah Courts
- Probate Self-Help: Utah Courts Probate Help
- Utah Probate Forms: OMCAP Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensed Lawyer Referral
- Utah Legal Services: (801) 328-8891 — utahlegalservices.org
Publication
Contact the Fourth District Court clerk at (435) 654-4676 for current approved newspapers for legal notices in Wasatch County.