Overview
Wayne County is located in Utah with a population of approximately 2,608. 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 (Form 1001ES) 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 collect personal property via a Small Estate Affidavit 30 days after death, without court involvement.
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 Wayne 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 - Wayne County
Probate matters in Wayne County are handled at the Wayne County Courthouse.
Address: 18 S Main, Loa, UT 84747 (Mailing: PO Box 189, Loa, UT 84747-0189)
Phone: (435) 836-1301 (Clerk)
Hours: Contact the court to confirm current office hours
The court is located in the county seat of Loa. The Sixth District Court serves Wayne, Garfield, Kane, Piute, Sanpete, and Sevier counties.
Parking and Access
Free street parking is generally available around the courthouse in Loa. 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 consists of personal property valued at $100,000 or less, you may be able to use an affidavit 30 days after death.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass automatically 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 Sixth District Court. Include:
- Petition for Administration or Probate of Will
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($375)
- Proposed Order and Letters
Utah courts require electronic filing (e-filing) for attorneys. Self-represented litigants may file in person or by mail, but are encouraged to use the MyCase 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 Wayne County (such as The Wayne & Garfield County Insider) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, signs the Order and 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 to be filed
- 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
Wayne County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for self-represented parties.
- Hearings: Many probate hearings in the Sixth District may be conducted remotely via Webex. Check with the court clerk for current protocols.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as The Wayne & Garfield County Insider.
Always check with the court clerk for the most up-to-date local rules and judge-specific requirements.
Timeline & Fees
Filing Fees (Wayne County)
- Probate Petition: approximately $375
- Small Estate Affidavit: No court filing fee (out-of-court procedure)
- 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
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 probate): 4-6 months
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2+ years
Creditors have 3 months after publication of notice to file claims, which sets a minimum duration for the process.
Local Resources
Wayne County Court Resources
- Court Website: utcourts.gov
- Probate Self-Help: Utah Courts Self-Help
- Utah Probate Forms: Court Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensing and regulation
- Utah Legal Services: (800) 662-4245 — Low-income legal assistance
- Licensed Lawyer Referral: licensedlawyer.org
Publication
- The Wayne & Garfield County Insider: (435) 826-4400 — insiderutah.com