What this article covers

This FAQ-style guide explains how someone can be appointed by a Utah court to act as an estate administrator (also called a personal representative) or as a co-administrator when more than one person will serve. The guide assumes no legal background and points to Utah resources and statutes you can review.

Disclaimer: This is educational information only and not legal advice. For advice about your specific situation, consult a licensed Utah attorney or contact the Utah Courts.

Key legal framework and resources

• The Utah Courts provide practical probate guidance and forms: Utah Courts – Probate How To.
• Utah’s probate statutes (Uniform Probate Code provisions) govern appointment and duties of personal representatives. See the probate chapter(s) of the Utah Code: Utah Code, Title 75, Chapter 3 (Probate: Personal Representatives and Administration), and the intestacy rules at: Utah Code, Title 75, Chapter 2 (Descent and Distribution).

Step-by-step: How to get appointed

1. Determine if probate is required

Not all estates need formal probate. If the decedent’s assets pass by beneficiary designation, joint ownership, or are small under Utah’s simplified procedures, formal appointment may not be necessary. Check the Utah Courts page above for small estate rules and when probate is required.

2. Find out whether there is a will and who it names

If the decedent left a valid will, the person named as executor (personal representative) generally has priority for appointment. If the named person is unwilling or unavailable, the court will consider others. If there is no will (intestate), state law provides a priority list for appointment of an administrator.

3. Know the priority rules for appointment

Utah law gives priority to the decedent’s nominated executor (if a will exists). For intestate estates, the court generally prefers a surviving spouse, then adult children or other close relatives. If multiple people have equal priority and cannot agree, the court decides. The probate statutes linked above explain who may be appointed and in what order.

4. Prepare required documents

Typical documents you must file with the county probate court include:

• Petition for appointment of personal representative (or petition for probate of will and appointment of personal representative, if a will exists).
• Certified copy of the decedent’s death certificate.
• Original will (if one exists) or a statement that none exists.
• Oath or acceptance form for the proposed personal representative.
• Bond paperwork, if the court requires a bond (the court may waive bond in some cases).
• Proposed letters (Letters of Administration or Letters Testamentary) and any supporting affidavits required by local court rules.

Use the Utah Courts probate forms page for templates: Probate forms.

5. File the petition with the appropriate Utah probate court

File in the county where the decedent was domiciled (their primary residence) at time of death. Pay any filing fees or request a fee waiver if eligible. The clerk will set a hearing date and provide instructions for notice to interested parties.

6. Give notice to interested persons

Utah law requires notice to heirs, beneficiaries, and potentially creditors. Proper notice allows parties to object to the appointment. Follow the court’s instructions and statutory notice timelines. The probate statutes describe notice requirements and who qualifies as an interested person.

7. Attend the hearing (if required) and be ready to answer questions

At the hearing the judge reviews the petition, verifies that the proposed personal representative is qualified (age, capacity, conflict of interest), and confirms that notice requirements were met. If there are objections, the court will consider them before appointing.

8. Get Letters of Administration or Letters Testamentary

If the court appoints you, it will issue formal documents (often called Letters) that confirm your authority to act for the estate. Banks, government agencies, and third parties typically require these Letters before they will release assets to you.

9. If appointed as co-administrators, understand how authority is shared

Utah courts can appoint two or more co-personal representatives. Co-administrators share legal authority to manage the estate. The court or the estate’s governing documents may limit how decisions are made (for example, requiring joint signatures or allowing each to act independently for certain tasks). Clarify decision-making rules early, and, if necessary, ask the court to define authority to prevent deadlocks.

10. Perform post-appointment duties

After appointment you must carry out statutory duties, typically including:

• Collect and secure estate assets.
• Provide notice to creditors and pay valid debts and expenses.
• File inventories, accountings, and tax returns as required by Utah law and the court.
• Distribute remaining assets to beneficiaries or heirs according to the will or Utah intestacy law.
• Close the estate by filing a final accounting and petition for discharge.

The probate statutes and Utah Courts resources explain filing deadlines, accounting requirements, and creditor notice procedures.

Common obstacles and how to handle them

• Competing petitions: If multiple people petition, the court will follow statutory priority rules and consider who is best able to administer the estate.
• Objections from heirs or beneficiaries: Be prepared to document your relationship to the decedent and your qualifications. If an objection has merit, consider negotiation or asking the court for directions.
• Bond requirement: If bond is required and you cannot post it, ask the court about bond reduction or a surety option.
• Conflicts among co-administrators: Try to reach an agreement on division of duties. If you cannot, seek court guidance to avoid delays.

When to consult an attorney

Consider hiring a Utah probate attorney if the estate has any of the following:

• Large or complex assets (business interests, out-of-state property, unusual assets).
• Heirs or beneficiaries who dispute the will or appointment.
• Complicated creditor claims or significant tax issues.
• Potential conflicts of interest (e.g., you are a creditor of the estate or a professional fiduciary).

An attorney can prepare and file petitions, represent you at contested hearings, and help you meet fiduciary obligations under Utah law.

Helpful Hints

• Start by searching for a valid will and obtaining a certified death certificate before filing.
• Check the Utah Courts probate forms page for sample petitions and required forms: Probate forms.
• Keep detailed records and receipts for every estate action and expense—good recordkeeping makes accounting and final distribution easier.
• Communicate early and often with heirs and beneficiaries to reduce misunderstanding and objections.
• If you are planning to serve as co-administrator, draft a simple written agreement among co-administrators allocating tasks and decision rules, and consider asking the court to approve it.
• Look up the relevant Utah statutes to understand your legal duties and limitations: Appointment & administration rules and Intestate succession.
• When in doubt, contact the probate clerk in the county where the decedent lived—the clerk can explain local filing procedures and required forms.