Disclaimer: This article is for general information only and does not constitute legal advice.
Detailed Answer
In Utah, an interested party—such as a surviving spouse, heir, or creditor—can open probate by filing a petition with the district court in the county where the decedent lived. Follow these key steps:
- Determine the type of probate. Utah offers informal probate and formal probate. Informal probate moves faster and typically involves fewer court hearings. If no one contests the will and heirs agree, you can use informal probate under Utah Code § 75-3-501 (le.utah.gov/xcode/Title75/Chapter3/75-3-501.html). For complex estates or disputes, you need formal probate under Utah Code § 75-3-201 (le.utah.gov/xcode/Title75/Chapter3/75-3-201.html).
- Prepare the petition. Complete the “Petition for Probate of Will and Appointment of Personal Representative” (for testate estates) or “Petition for Administration” (if there’s no will). Include:
- Decedent’s full name and date of death.
- Names and addresses of heirs and beneficiaries.
- Location and copy of the will, if one exists.
- Estimated value of the estate.
- Collect required documents. Attach the following to your petition:
- Original or certified copy of the death certificate.
- The original will, if available.
- Small estate affidavit for estates valued under $100,000 under Utah Code § 75-3-112 (le.utah.gov/xcode/Title75/Chapter3/75-3-112.html), if applicable.
- File the petition and pay fees. Submit your petition to the district court clerk’s office in the correct county. You must pay the filing fee, which varies by county. Ask the clerk for the current fee schedule.
- Serve notice to interested parties. After filing, you must notify heirs, beneficiaries, and known creditors. Utah Code § 75-3-305 requires you to publish notice or send direct notice within 30 days of the petition filing.
- Attend the hearing (formal probate only). For formal probate, the court schedules a hearing. You and any objecting party may appear. If the judge approves, they issue Letters of Administration or Letters Testamentary under Utah Code § 75-3-301 (le.utah.gov/xcode/Title75/Chapter3/75-3-301.html).
- Administer the estate. The personal representative collects assets, pays valid claims, files an inventory, and distributes remaining property to heirs. Follow timelines in Utah Code §§ 75-3-701 to 75-3-704 for creditor claims and distribution.
Helpful Hints
- Gather all originals: wills, deeds, and financial statements.
- Verify heirs: obtain certified birth or marriage records if needed.
- Check for multiple wills: submit every copy to the court.
- Track deadlines: Utah law sets strict notice and claim deadlines.
- Consider bond: the court may require a bond for the personal representative.
- Consult court staff: clerks can guide you on local forms and fees.
- Keep clear records: document every distribution and payment.