Short answer: Yes. You can submit an original will to a Utah probate court even if you live in another state. Follow a clear set of steps: identify the correct Utah court, gather required documents, contact the court clerk for filing options, and arrange secure transportation or use a local attorney to file for you.
Detailed answer: how to submit an original will to a Utah probate court from out of state
This section explains the practical steps to open probate in Utah and to submit an original will when you are located outside Utah. It covers choosing the right court, required documents, filing methods, and what happens after you file.
1. Confirm the proper Utah county and court
Probate is handled by the Utah district court in the county where the decedent was domiciled (their permanent legal residence) at the time of death. If you are unsure which county that is, check the decedent’s driver’s license, voter registration, or other records. If the decedent owned real property in Utah but lived elsewhere, the county for probate is usually the decedent’s domicile; property issues may require additional filings in the county where real property is located.
For general statute and practice guidance, see Utah Code Title 75 (Probate) and Utah Courts probate resources:
2. Gather the documents you will need
Common documents and items the court clerk will ask for:
- The original will (do not sign or alter it).
- A certified copy of the death certificate (if available).
- Information about heirs and beneficiaries (names and contact info, if known).
- Any proposed executor’s contact information and identification.
- Filing fee (check the county district court fee schedule or ask the clerk).
- A cover letter explaining who you are and why you are submitting the original will.
3. Contact the district court clerk before you send anything
Call or email the clerk of the Utah district court in the appropriate county. Ask for:
- Exact filing requirements for submitting an original will.
- Whether the court accepts filings by mail, by email for scheduling, or only in person.
- The current filing fee and acceptable payment methods.
- Whether the court uses e-filing for probate pleadings and whether you can register remotely.
The Utah Courts website includes links and contact info for local district courts: see the Utah Courts probate page above.
4. Choose a safe method to deliver the original will
Options when you live out of state:
- Mail or courier (insured, signature required). Use overnight or certified mail with tracking and require a signed receipt.
- Have a local Utah attorney file the will and petition on your behalf. This is common and often simplifies the process.
- In-person filing by a friend or family member who can present an authorization, though the clerk may require a notarized letter of authorization or prefer filings from the named executor or an attorney.
When mailing the original will, include a self-addressed stamped envelope for return of the original after the court files and issues any necessary orders or letters, unless the court will retain the original.
5. File the petition to admit the will to probate
Filing the original will typically accompanies a petition to admit the will to probate (petition for informal or formal probate, depending on the case). The petition asks the court to open an estate and appoint a personal representative (executor). Utah has procedures for both informal probate (often faster, for uncontested matters) and formal probate (used when disputes exist). The court clerk or Utah Courts website will point you to local probate forms and instructions.
6. What happens after filing
- The court will review the petition and the original will. The clerk may schedule a hearing or open an informal probate file depending on the circumstances.
- The court will usually issue letters testamentary or letters of administration if the will is admitted and the personal representative is appointed. Those letters prove the representative’s authority to act for the estate.
- The court may require notice to heirs and beneficiaries. The personal representative must follow Utah rules for notice and creditor claims.
- If the court needs the original will for its file, it may retain it; otherwise it may return the original to the person who filed it or to the appointed personal representative.
7. When to use a Utah attorney
Consider hiring a Utah probate attorney if any of the following apply:
- The will is contested or there may be disputes among heirs.
- The estate includes real property or complex assets in Utah.
- The named personal representative lives out of state and needs guidance about Utah obligations.
- You prefer someone local to appear in court, handle filings, and receive documents.
Common questions about out-of-state filers
Do I need to be in Utah to file? No. You can mail the original will, use a local attorney, or e-file if the court permits. Always confirm the accepted methods with the local clerk.
Will the court require a Utah resident to act as executor? Not usually. Many courts appoint out-of-state personal representatives. If the court has rules about nonresident fiduciaries, the clerk or an attorney can explain any bonding or resident agent requirements.
Helpful Hints
- Contact the correct Utah district court clerk first. That avoids rejected filings and wasted expense.
- Never sign or alter the original will after the decedent’s death. Any changes can invalidate the document.
- Use insured, trackable delivery when mailing the original will. Keep proof of shipment and delivery.
- Include a brief cover letter with your contact details and a request for return instructions for the original will.
- Ask the clerk whether the court will return the original will or whether it will be retained in the court file.
- Keep copies of everything you send and a log of all calls or emails with the court.
- If you are the named executor and live out of state, be prepared to explain how you will handle estate responsibilities remotely or to appoint local help.
- Consider hiring a Utah probate attorney to file the petition and represent the estate; this often saves time and reduces errors for out-of-state filers.
- Use the Utah Courts probate page and Title 75 of the Utah Code for official forms and statutory guidance: Utah Courts — Probate and Utah Code, Title 75.
Disclaimer: This information is educational only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney in Utah. Laws and court procedures change; check with the Utah district court clerk or a Utah-licensed attorney for current requirements.