Utah Probate Attorney

Losing a loved one is difficult enough without the added stress of managing the legal process of probate. At Westwood Law, we help families across Utah settle estates with clarity, efficiency, and trusted legal support. Our goal is to make the probate process as smooth and stress-free as possible, giving you peace of mind during a challenging time.

If you’re searching for an experienced probate attorney in Utah—whether you’re in Salt Lake City, Ogden, Provo, St. George, or anywhere in between—Westwood Law provides compassionate, knowledgeable representation statewide.

Serving Clients Throughout Utah — Salt Lake City, Utah County, Davis County, Ogden, Provo, Cedar City, St. George, and beyond

What Is Probate in Utah?

Probate is the legal process the court uses to settle a deceased person’s estate by validating a will, paying debts, and distributing property to heirs. When an individual passes away, the deceased’s assets must be distributed according to their will. If a will was not created prior to death, state statutes will govern the administration of the deceased’s estate. The probate process includes validating a will, paying debts, and distributing property to heirs. Probate in Utah is handled in the district courts, making it important to work with an experienced Utah probate lawyer to avoid mistakes. The case must be filed in the county where the deceased resided or where they owned property.

There are two main types of probate in Utah:

• Informal Probate – Used for uncontested, straightforward estates.
• Formal Probate – Required when there are disputes or complications.

When Is Probate Required in Utah?

• The deceased owned real estate solely in their name
• The estate exceeds $100,000 in value
• There is a bank account or investment account without a pay-on-death beneficiary that was frozen upon the death of the deceased.

✅ Small Estate Option: If the estate is under $100,000 and doesn’t include real property, you may qualify for a Small Estate Affidavit, which avoids court.

What Is Informal Probate?

Informal probate is the most commonly used process for administering estates in Utah. It’s a simplified court procedure used when:

• The will (if any) is valid and uncontested
• There are no disputes among heirs or beneficiaries
• The estate meets Utah’s legal requirements for informal handling

This process avoids formal court hearings, making it faster, less expensive, and less stressful for families. It is often the best option for families that are looking to quickly sell property or gain access to a bank account. You may qualify for informal probate in Utah if:

✅ Valid, uncontested will (or no will, but no disputes exist)
✅ No disputes among heirs
✅ The person filing is entitled to be the personal representative (sometimes called an administrator or executor)
✅ All interested parties are in agreement
✅ Estate is not unusually complex

If any party objects to the will or to the appointment of the personal representative at any point during the administration of the estate, the court may require a formal probate process instead. Most families in Utah prefer informal probate if eligible, because it is faster and much less expensive.

How Long Does Informal Probate Take in Utah?

• Whether the will is clear and valid
• How quickly assets are located and appraised
• Whether all interested parties are cooperative
• How efficiently the personal representative handles duties

However, in many cases, a personal representative (sometimes called an executor or administrator) can be appointed within a matter of weeks that will allow the estate to sell property, transfer title to real estate, and/or access a bank account.

Flat-Fee Help for Informal Probate in Utah

• Clear guidance and step-by-step support
• Flat fees for most uncontested estates
• Court filing and document preparation handled for you

We work in all courts across Utah, including Salt Lake City, Utah County, Davis County, and beyond. Call now or request a free consultation to see if your case qualifies for informal probate.

What Is Formal Probate in Utah?

Formal probate is a court-supervised process used when an estate is contested, unclear, or otherwise requires judicial oversight. Unlike informal probate in Utah, which is typically faster and handled by a court clerk, formal probate requires a judge’s approval at multiple stages. Formal probate requires court appearances and follows a strict, structured process. 

• Disputes over the validity of a will
• Questions about heirs or beneficiaries
• Creditors contesting claims against the estate
• Complex estates with significant assets or debts

How Long Does Formal Probate Take in Utah?

The Utah formal probate timeline depends on the complexity of the estate. While informal probate may take as little as a few months, formal probate in Utah often lasts 12-18 months, though complex cases may take longer. We offer case evaluations to determine whether formal probate can be avoided and how to maximize time and cost efficiencies through the probate process.

Can You Avoid Probate in Utah?

Yes. Avoiding probate in Utah is one of the main reasons families set up trusts or use beneficiary designations. Here are some common tools used to avoid probate:

• Revocable Living Trusts
• Payable-on-Death (POD) and Transfer-on-Death (TOD) accounts
• Joint Ownership with Right of Survivorship
• Small Estate Affidavit for qualifying estates

We can help evaluate your options and set up a plan that avoids probate where possible.

Do I Need a Probate Lawyer in Utah?

An experienced Utah probate attorney can:

• Guide you through every step
• Ensure required documents are filed correctly
• Prevent disputes
• Save time and stress

Even when probate seems simple, hiring a probate lawyer in Utah can save time and prevent costly mistakes.

Costs and Fees of Probate in Utah

Informal Probate – As is often the case, costs and fees of an informal probate can vary depending on the complexity of the case and the number of people involved. The standard court filing fee for a probate case throughout Utah is $375. For most informal probate cases, you can expect to pay around $2,000 – $3,000 in legal fees.

Formal Probate – Because formal probate is much more involved and complex, the fees are much higher. The standard court filing fee of $375 remains unchanged; however, it is common for attorneys to ask for a $5,000 retainer upfront and bill their hourly rate against the retainer. Flat-fee arrangements are uncommon in formal probate cases.

What happens if someone dies without a will in Utah?

Utah’s intestate succession laws determine who inherits—typically a spouse, children, or closest relatives.

Can I probate a will without a lawyer in Utah?

Yes, but it can be risky. A lawyer ensures compliance with deadlines, filings, and court procedures. Missed filings and/or procedures can cause serious delays in the probate process.

How long do I have to file probate in Utah?

In Utah, you have up to 3 years from the date of death to file probate

How much does probate cost in Utah?

Costs vary depending on whether the estate is formal or informal. Attorney fees, court filing fees, and county recorder costs are typical expenses. Many families benefit from our flat-fee probate services to keep costs predictable. Probate costs in Utah vary depending on whether the case is informal or formal. Court filing fees are generally $375, and attorney fees range from $2,000–$3,000 for informal probate. Formal probate cases are more complex and typically require higher fees. (See our Costs & Fees section above for details).

What is a Personal Representative?

This is the person responsible for managing the estate through probate. The personal representative is also commonly referred to as an “executor” or “administrator.”

Do all estates have to go through probate?

No, not all estates have to go through probate in the state of Utah. A well-drafted estate plan by a Utah estate planning attorney can help avoid probate altogether. After a death, if the individual held real property solely in their name, probate cannot be avoided.

Do all wills have to go through probate in Utah?

Not all wills in Utah must go through probate. Whether or not a will requires probate depends on the type of assets the deceased owned and how those assets were titled at the time of death. Probate is usually required if: the deceased owned real estate solely in their name; the estate includes assets worth more than $100,000 that were not jointly owned or designated with a beneficiary; and there are bank accounts, investment accounts, or vehicles that do not have payable-on-death (POD) or transfer-on-death (TOD) designations.

In these cases, the will must be validated through Utah probate court to transfer ownership of property and settle debts. If you’re unsure whether a loved one’s will needs probate in Utah, contact Westwood Law for a free consultation. Our experienced Utah probate attorney can review your situation and guide you through the best next steps.

How long does probate take in Utah?

The timeline for probate in Utah varies depending on whether the estate qualifies for informal probate or requires a formal probate process. Most informal probate cases are completed within 3 to 6 months. In some estates, the personal representative can be appointed within a few weeks, which allows the estate to begin selling property, transferring titles, or accessing bank accounts quickly. Formal probate generally spans 12 to 18 months but can take much longer depending on the case.

What happens if probate is not filed in Utah?

If probate is not filed in Utah, the estate cannot be properly administered, which can create serious legal and financial issues for heirs and beneficiaries. Utah law requires probate for estates that meet certain criteria, and failing to file can delay or even prevent the transfer of property and assets. Bank accounts, real estate, and investments in the deceased’s name alone cannot be accessed, sold, or transferred until probate is opened. If the deceased owned property solely in their name, the title will remain in the decedent’s name, making it impossible for heirs to sell or refinance until probate is completed.

Why Filing Probate Matters:

Opening probate ensures that: the will (if one exists) is validated by the Utah probate court; creditors are paid properly and within deadlines; property titles and financial accounts are legally transferred; and Beneficiaries receive their rightful inheritance. Failing to file probate can cause unnecessary delays, disputes, financial complications, and even the loss of assets. If you’re unsure whether probate is required, consult with an experienced Utah probate attorney as soon as possible. Contact Westwood Law today for a free consultation. We’ll review your situation, explain whether probate is necessary, and help you move forward with confidence.

Is the Executor of a will entitled to take assets?

No. The executor of a will is only authorized to administer the estate and ensure that the wishes of the deceased are carried out. An executor cannot change the will and must operate within the framework of Utah law. Often, an executor is also listed as a beneficiary under a will which would allow the executor to receive gifts as specifically detailed in the will.

What if I don’t have the funds to pay the probate fees?

Often, families don’t have access to liquid funds in the estate or need to sell real estate in order to pay for legal fees. We offer flexible payment options where we get paid at the end after probate is complete and the estate has liquid funds.

Is Westwood Law Able to Handle My Case Anywhere in the State of Utah?

Yes. At Westwood Law, we represent clients in probate cases throughout the entire state of Utah. Whether you live in a large city or a rural community, our attorney is licensed to practice in every Utah district court and can assist families no matter where the estate is filed.

Statewide Probate Representation

• Salt Lake County (Salt Lake City, West Jordan, Sandy, etc.)
• Utah County (Provo, Orem, Lehi, American Fork)
• Davis County (Farmington, Layton, Bountiful)
• Weber County (Ogden, Roy, North Ogden)
• Washington County (St. George and surrounding areas)
• Iron County (Cedar City, Parowan and surrounding areas)
• Sevier County, Millard County, Cache County, Box Elder County, Tooele County, and more

Remote Services for Your Convenience

In addition to in-person representation, we offer remote consultations, electronic document preparation, and virtual communication tools. This means you don’t have to travel far to get the legal help you need — we can manage your case efficiently no matter where you are located in Utah.

If you need a probate attorney in Utah, Westwood Law is here to help — no matter where you live in the state. Let us guide you through the process.

Why use Westwood Law for my probate case?

1. Expertise and knowledge of probate laws
2. Efficiency in handling probate cases
3. Client satisfaction and feedback
4. Success rate in resolving probate disputes
5. Cost-effectiveness compared to competitors
6. Flat rate fees
7. Availability of additional services such as estate planning or trust administration
8. Reputation and experience within the legal industry
9. Communication skills with clients and other parties involved in the probate process
10. Trained staff to answer questions and help throughout the process

If you are facing probate in Utah, our team at Westwood Law is here to help. Whether your case qualifies for informal probate or requires formal court proceedings, we provide trusted guidance every step of the way.

If you need a probate attorney in Utah, Westwood Law is here to help — no matter where you live in the state. Let us guide you through the process.