Navigating probate law in Utah can feel overwhelming, especially during a time of loss. At Westwood Law in Cedar City, Utah, we specialize in helping families across the state handle estate matters with compassion and expertise. Whether you’re dealing with a loved one’s passing in St. George, Salt Lake City, or anywhere in Utah, understanding probate law is key to ensuring assets are distributed fairly, debts are settled, and legal requirements are met. This comprehensive guide to probate law in Utah is designed to provide clear, actionable insights based on the latest Utah statutes. As experienced probate attorneys serving the entire state, we’re here to simplify the process and offer personalized support. Contact us today at (435) 267-2145 for a free consultation.

Probate law in Utah refers to the legal process governed by the Utah Uniform Probate Code (Title 75 of the Utah Code) that oversees the administration of a deceased person’s (decedent’s) estate. This includes validating a will, appointing a personal representative, identifying and inventorying assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries.Probate is typically required in Utah if:

• The decedent owned real property (like a home or land) solely in their name.
• Personal property exceeds $100,000 without beneficiary designations or joint ownership.
• There are disputes over the estate or unclear ownership.

However, not all assets go through probate. Items that bypass it include:

• Jointly owned property with rights of survivorship.
• Accounts with payable-on-death (POD) or transfer-on-death (TOD) designations.
• Life insurance policies or retirement accounts (e.g., IRAs, 401(k)s) with named beneficiaries.
• Assets held in a revocable living trust.

For smaller estates under $100,000 (excluding real property and up to four vehicles), a small estate affidavit can be used after 30 days, avoiding full court involvement. If the estate qualifies for summary administration—where the value after debts doesn’t exceed allowances, expenses, and costs— a streamlined process applies without notifying creditors.At Westwood Law, we help clients determine if probate is necessary and explore shortcuts to save time and money. Our Cedar City-based team assists families statewide, from Provo to Logan.

Utah offers flexibility in probate proceedings to match the estate’s complexity. Under Utah Code § 75-3-401, you can choose between:

Type	Description	When to Use	Pros	Cons
Informal Probate	A simplified, unsupervised process handled by the court registrar without hearings if all parties agree.	Uncontested estates with clear wills and no disputes. Can start 120 hours after death.	Faster (6-12 months), lower costs, less court involvement.	May shift to formal if objections arise.
Formal Probate	Court-supervised with hearings, notices, and potential litigation.	Contested wills, disputes over validity, or complex issues like undue influence or fraud.	Provides judicial oversight for fairness.	Longer (12-24+ months), higher costs due to hearings.

Informal is the most common for straightforward cases, but formal ensures disputes are resolved. If a will is challenged (e.g., on grounds of incapacity or manipulation), the challenger must prove their case in court. Westwood Law has successfully handled both types, guiding executors through Utah’s district courts.

The probate process, detailed in Utah Code Title 75, Chapter 3, typically takes 6-18 months but can extend with complications. Here’s a detailed breakdown:

1. File the Petition: Submit to the district court in the decedent’s county of residence or property location. Include the death certificate, original will (if any), and a $375 filing fee. Waivers from heirs can speed up informal cases.
2. Appoint the Personal Representative: Priority order per Utah Code § 75-3-203: Will-nominated executor, surviving spouse, heirs, or creditors. The court issues Letters Testamentary (with will) or Letters of Administration (without). Must be 21+ and competent.
3. Notify Interested Parties: Mail notices to heirs, beneficiaries, and known creditors. Publish in a local newspaper for three weeks to alert unknown creditors, who have three months to file claims (or one year from death if no notice).
4. Inventory and Appraise Assets: Within 90 days, list all estate property (real estate, vehicles, bank accounts, stocks). Professional appraisals may be needed for high-value items.
5. Pay Debts, Expenses, and Taxes: Settle in priority: Funeral costs, administration fees, taxes, medical bills, then other debts. File federal and state estate tax returns if the estate exceeds thresholds (rare for most Utah estates).
6. Distribute Assets: Follow the will or intestate laws. Obtain court approval in formal cases.
7. Close the Estate: File a final accounting. For simple cases, use a sworn statement; otherwise, petition the court for discharge.

Westwood Law streamlines these steps for clients across Utah, handling paperwork and court communications from our Cedar City office.

If there’s no valid will (intestate), Utah Code Title 75, Chapter 2 dictates distribution:

• Surviving Spouse: Receives the entire estate if no descendants, or $75,000 plus half the remainder if shared descendants exist.
• No Spouse: Assets go to children/grandchildren equally (per stirpes).
• No Descendants: To parents, then siblings, then extended family.
• No Heirs: Escheats to the state.

Adopted children inherit equally, and pretermitted (unmentioned) heirs may claim shares. This underscores the importance of a will—contact Westwood Law for estate planning to avoid unintended distributions.

As a fiduciary, the representative must:

• Protect and manage assets prudently.
• Maintain accurate records and an estate account.
• Communicate with the court and parties.
• Hire professionals (e.g., appraisers) as needed.
• Receive reasonable compensation (up to 4% of estate value).

Liability for errors can be personal—Westwood Law advises executors to mitigate risks.

Creditors file within the notice period. Secured debts (e.g., mortgages) may proceed independently. Prioritize payments to avoid estate depletion.

To avoid probate:

• Revocable Living Trusts: Assets transfer directly, maintaining privacy and speed.
• Joint Ownership/TOD Deeds: Automatic transfer for real estate and accounts.
• Beneficiary Designations: For financial assets.
• Small Estate Affidavit/Summary Administration: For qualifying low-value estates.

These options can resolve matters in weeks. Westwood Law specializes in creating trusts and plans to bypass probate entirely.

Creditors file within the notice period. Secured debts (e.g., mortgages) may proceed independently. Prioritize payments to avoid estate depletion.

• Costs: 3-7% of estate value, including $375 filing, attorney fees ($200-500/hour or 2-4%), appraisals ($500+), and publication ($100-300).
• Timelines: Informal: 6-12 months; Formal: 12-24+ months. Delays from disputes or incomplete filings.

As of October 2025, enhancements include better electronic filing and digital asset clarifications. No major changes, but check Utah Legislature for amendments on medical liens.

• How long does probate take in Utah? 6-18 months on average.
• Do I need a lawyer for probate? Not mandatory for informal, but recommended to avoid errors.
• What if there’s no will? Intestate laws apply.
• Can probate be avoided? Yes, with trusts and designations.
• How much does probate cost? Varies, but expect thousands in fees.

This guide is for informational purposes—probate is case-specific. At Westwood Law in Cedar City, we offer statewide service for probate, estate planning, and disputes. Call (435) XXX-XXXX or visit westwoodlawutah.com to schedule your free consultation. Let us handle the details so you can focus on healing.