Utah Probate Court
- Arrest Records
- Judgments
- Bankruptcies
- DUIs & DWIs
- Felonies
- Warrants
- Jail Records
- Lien Records
- Sex Offenses
- Misdemeanors
- Criminal Records
- Federal Dockets
StateCourts.org is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA), and does not assemble or evaluate information for the purpose of supplying consumer reports.
You understand that by clicking "I Agree" you consent to our Terms of Service and Privacy Policy and agree not to use information provided by StateCourts.org for any purpose under the FCRA, including to make determinations regarding an individual's eligibility for personal credit, insurance, employment, or for tenant screening.
This website contains information collected from public and private resources. StateCourts.org cannot confirm that information provided below is accurate or complete. Please use information provided by StateCourts.org responsibly.
You understand that by clicking "I Agree", StateCourts.org will conduct only a preliminary people search of the information you provide and that a search of any records will only be conducted and made available after you register for an account or purchase a report.
Table of Contents
Probate is the judicial process of administering the estate of a deceased person. Utah follows the Uniform Probate Code, which allows simplified processes in uncontested or small estate cases. The District Courts in each county oversee probate issues. Understanding Utah’s probate process, typical costs, case types, and county-level court practices is a prerequisite to knowing how to access probate records.
How the Probate Process Works in Utah
Probate begins when an interested party files a petition in the District Court of the county where the decedent resided. If the deceased left a will, the court validates it and appoints an executor. However, if there is no will, the court appoints an administrator. The executor has to inform the heirs and creditors, submit an inventory of the assets, pay off debts and taxes, and distribute the estate.
Utah allows both informal probate and formal probate. Informal probate is ideal for uncontested estates and requires little or no court supervision. On the other hand, formal probate is necessary when there are disputes that require judicial decisions. Informal probate usually takes about six to twelve months, while formal probate can take over a year if there is litigation involved.
What Are the Costs of Probate in Utah?
Probate expenses consist of court filing fees, payments for executors, lawyer fees, and other administrative costs. In Utah, filing fees typically vary from $35 to $360 based on the kind of petition. Executors can receive "reasonable compensation," which the court must approve. This is often calculated as a percentage of the estate's value. Attorney fees can be charged by the hour or as a flat rate. Additional costs may involve publishing notices for creditors, appraisal fees, and obtaining certified copies. Using small estate procedures can greatly lower these costs.
Types of Probate Cases in Utah
Utah recognizes several types of probate cases. These include:
- Testate Probate: Testate probate is used when the decedent left a valid will.
- Intestate Probate: This process is used when the decedent has no will. The court distributes property in accordance with state law.
- Informal Probate: This process is ideal for uncontested estates. It allows executors to administer estates with little or no court supervision.
- Formal Probate: Formal probate is used when there are disputes that require judicial decisions.
- Small Estate Affidavit: This process is ideal for estates valued at $100,000 or less in personal property and excluding real estate.
Utah Probate Court Forms and Filing Instructions
You can find probate forms on the Utah State Courts website as well as at local district courts. Some common forms are applications for informal probate, petitions for formal probate, small estate affidavits, and inventories. Keep in mind that filing requirements can differ a bit from one county to another. Therefore, it is always best for applicants to check the procedures with their local clerk.
How Utah Probate Courts Work at the County Level
In Utah, probate cases are handled by the District Courts in all 29 counties. While governed by uniform state law, each county court manages probate filings and hearings independently. Here are the top 10 counties with the highest populations in Utah and their probate functions:
- Salt Lake County (Salt Lake City) – This court handles significant amounts of probate matters annually. It also grants the public access to different online resources for filing and tracking their case.
- Utah County (Provo/Orem) – In Utah County Probate filings supported by clerk guidance and forms.
- Davis County (Farmington) – Davis County District Court handles both informal and contested probate cases.
- Weber County (Ogden) – The district court clerk oversees all probate filings and schedules.
- Washington County (St. George) – This court offers different probate services, including small estate affidavits.
- Cache County (Logan) – Probate services are provided through the district courthouse.
- Tooele County – This court handles both intestate and testate estates.
- Box Elder County (Brigham City) – Box Elder County provides different probate services at the county courthouse.
- Iron County (Cedar City) – This court allows simplified filings for cases where there are no disputes that require judicial decisions.
- Summit County (Park City) – In Summit County, probate cases are processed by the district court clerk’s office.
How to Search Probate Records in Utah
Probate records are kept by the District Court Clerk in every county. Records that are available to the public include the name of the deceased, details about the executor or administrator, information on heirs, inventories, and case numbers. Several counties, like Salt Lake and Utah County, offer online access through the Utah State Courts’ XChange portal (requires a subscription). Other counties may need you to request records in person. You can get certified copies for a fee, but sealed or confidential records are not open to the public.