Detailed Answer
Short answer: There is no single fixed timeline. If an out-of-state will is uncontested and you have the original will and a death certificate, Utah informal probate or ancillary administration often completes in about 4–12 weeks. If the will must be formally admitted, if someone contests it, or if there are significant out-of-state assets and creditor issues, the process commonly takes several months to a year or longer.
This timeline depends on several Utah-specific rules and practical steps. Utah handles out-of-state (foreign) wills in two common ways:
- Admitting the out-of-state will to probate in Utah (if assets located in Utah need administration here).
- Recognizing a grant of probate issued by another state (ancillary recognition) when the decedent’s estate already was probated elsewhere.
Utah law governing probate and administration is in Title 75 of the Utah Code. See the Utah Code, Title 75 (Probate) for the statutory framework: https://le.utah.gov/xcode/Title75/. For court procedural details and local forms, review the Utah Courts probate information: https://www.utcourts.gov/howto/probate/.
Why time varies
Key factors that change how long Utah probate takes for an out-of-state will:
- Whether you have the original signed will. Courts generally require the original document or reliable proof of its contents and execution.
- Whether the will was already admitted to probate in the state where it was executed. If another state has already issued letters testamentary or a probate decree, Utah may be able to recognize that order faster (ancillary recognition), shortening the local process.
- Whether you use informal probate (often quicker) or must open a formal probate proceeding (often slower). Utah provides procedures for both informal and formal probate administration.
- Whether any interested person contests the will, which triggers hearings and briefing and can extend the timeline by many months or longer.
- The need to notify heirs and creditors. Statutory notice periods and creditor-claim windows add weeks or months before final distribution.
- Complex assets or assets located in other states, which may require ancillary proceedings in those states or additional documentation.
Typical step-by-step timing (general illustration)
- Gather documents: original will, death certificate, asset list (1–2 weeks).
- File petition for probate or ancillary administration in the appropriate Utah county court (1 week to prepare).
- Court review and issuance of letters or need for hearing: if uncontested and paperwork is complete, the judge may issue informal appointment in 2–6 weeks; formal proceedings that require a hearing can add several weeks for scheduling.
- Notice to heirs and creditors: sending notice and waiting the statutory response period typically adds 1–4 months (creditor claim periods commonly run about 3–4 months depending on the notice method and statute).
- Estate administration and final account or distribution: after notice and creditor deadlines, simple estates can close within a few weeks; contested or complex estates may require months to years.
Putting those pieces together, a straightforward, uncontested out-of-state will for modest Utah assets often completes within roughly 6–12 weeks from filing to appointment and early administration steps. If creditor claims and asset liquidation are required, add another 3–6 months. Contests, multiple jurisdictions, or complex property commonly extend the timeline to a year or more.
Special considerations for out-of-state wills
- If the will was already probated in another state, bring certified copies of the foreign probate order and letters. That can allow Utah courts to give effect to the prior order without re-litigating testamentary issues, shortening the process.
- If a will was executed under another state’s formalities, Utah will generally admit it if it was valid where executed. Still, the court may require affidavits or proof of execution.
- If only a copy of the will exists or the original is missing, the court may require proof (e.g., witness affidavits or clear-and-convincing evidence), which slows the case and may lead to a formal hearing.
Where to read Utah law and court guidance:
- Utah Code (Title 75 — Probate): https://le.utah.gov/xcode/Title75/
- Utah Courts — probate how-to and forms: https://www.utcourts.gov/howto/probate/
Disclaimer: This information is educational only and is not legal advice. Do not rely on it as a substitute for consulting a licensed Utah attorney about the specific facts of your case.
Helpful Hints
- Locate and secure the original will before taking other steps.
- Obtain several certified copies of the death certificate early; courts and financial institutions will request them.
- If the will was already probated in another state, get certified probate documents and letters to show the Utah court.
- File in the Utah county where the decedent owned real property, or where the decedent lived when they died, if there is no Utah property—check local rules or ask a Utah probate attorney.
- Consider informal probate for uncontested matters to save time and cost; ask the court clerk if your case qualifies.
- Provide timely notice to heirs and potential creditors to avoid later challenges that can delay closing the estate.
- If you expect a contest or the will’s validity is in doubt, consult a Utah probate attorney right away—contests substantially change procedure and timing.
- Keep careful records of filings, notices, and communications with banks and other institutions; missing paperwork causes delays.