Overview
Weber County is located in Utah with a population of approximately 276,118. The Second 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 (Informal or Formal) 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, a Small Estate Affidavit may be used to collect assets 30 days after death without opening a court case.
Utah does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Weber 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
Second District Court (Weber County)
Probate matters in Weber County are handled at the Ogden District Court.
Address: 2525 Grant Avenue, Ogden, UT 84401
Phone: (801) 395-1079 (Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Second District Court serves Weber, Davis, and Morgan counties. The Ogden location is the primary courthouse for Weber County matters.
Parking and Access
Public parking is available near the courthouse. Visitors must pass through security screening upon entry. Electronic devices are generally permitted but must be silenced in courtrooms.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate consists only 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 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 (Informal or Formal) with the Second District Court. Include:
- Application for Informal Probate or Petition for Formal Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($375)
- Nomination of Personal Representative
E-filing is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the application or 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 Weber County (such as the Standard-Examiner) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required unless the application is contested or deficient. For formal probate, the court will schedule a hearing. If approved, the judge or registrar 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 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
Weber County-Specific Procedures
- E-filing: Attorneys must file electronically. Self-represented parties may file in person or use the OCAP (Online Court Assistance Program) system.
- Waiting Period: An application for informal probate cannot be filed until 120 hours (5 days) have passed since the decedent's death.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Weber County, such as the Standard-Examiner, for three consecutive weeks.
Always check with the court clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Weber County)
- Probate Petition (Informal or Formal): approximately $375
- Small Estate Affidavit: No court filing fee (affidavit is presented to holder of property)
- Certified copies of Letters: $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): 4-6 months (includes 3-month creditor period)
- Average estates: 6-9 months
- Complex or contested estates: 9 months to 2+ years
The timeline is largely driven by the mandatory 3-month creditor claim period which begins after the first publication of notice.
Local Resources
Weber County Court Resources
- Court Website: Second District Court
- Probate Self-Help: Utah Courts Self-Help Center
- Utah Probate Forms: Utah State Courts Forms
Legal Aid and Attorney Referrals
- Utah State Bar: (801) 531-9077 — Licensing and regulation
- Utah Legal Services: (801) 328-8891 — Legal aid for qualifying low-income residents
- Licensed Lawyer Referral: LicensedLawyer.org
Publication
- Standard-Examiner: (801) 625-4200 — Major daily newspaper in Ogden