Utah: How to Apply to Serve as Administrator of an Intestate Estate

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer — Serving as an Estate Administrator in Utah

Short answer: If a person dies without a valid will in Utah (intestate), a family member or other interested person can ask the probate court to be appointed as the estate’s personal representative (often called an administrator). You must file a petition in the proper Utah county probate court, provide notice to the decedent’s heirs and creditors, attend any required hearing, and obtain letters of administration before you act for the estate.

Step-by-step process

  1. Confirm there is no valid will. Check for any signed will and determine whether it was properly executed. If no valid will exists, the estate is intestate and the court will appoint a personal representative under Utah law.
  2. Identify where to file. File the petition in the Utah district court in the county where your mother lived when she died. Utah Courts maintains how-to pages and local contact information for probate filings: Utah Courts – Probate & Estate Administration.
  3. Gather required documents. Common items you will need include the certified death certificate, a list of the decedent’s heirs and their contact information, a proposed order appointing you as personal representative, and any court forms required by the local court. Utah Courts provides probate forms and instructions here: Utah Courts – Probate Forms.
  4. Prepare and file a petition for administration. The petition asks the court to appoint you as personal representative and to open an administration. The petition typically asks the court to confirm: the decedent died in Utah (or had sufficient connections to file there), there is no valid will, who the heirs are, and why you should be appointed (your relationship and availability). File the petition and pay any filing fee required by the county court.
  5. Notice and service. After you file, Utah law requires notice to interested persons and often publication so creditors and unknown heirs can learn about the administration. You must serve or notify all statutory heirs and known creditors according to court rules. The court will confirm proper notice before appointing a personal representative.
  6. Hearing and appointment. The court may schedule a hearing. If the judge grants your petition, the court signs an order appointing you and issues letters of administration (sometimes called letters testamentary when a will exists). These letters give you authority to act on behalf of the estate—collect assets, pay debts, sell property if needed, and distribute remaining assets to heirs.
  7. Post-appointment duties. As personal representative you must act in the estate’s best interest. Typical duties include locating and protecting assets, inventorying estate property, notifying creditors, filing tax returns, paying valid debts and expenses, and distributing assets to heirs per Utah intestacy rules. You will normally provide an accounting and petition the court to close the estate when duties finish.

Who has priority to be appointed?

The court gives preference to certain persons when appointing a personal representative. Priority commonly goes to a surviving spouse or an adult child, then other close relatives or an interested creditor or heir if no family member seeks appointment. If more than one person asks to serve, the court will decide based on who is best suited and any objections. For the governing Utah probate law, see Utah’s probate statutes (Title 75): Utah Code – Title 75 (Probate).

Are there simplified procedures for small estates?

Yes. Utah provides simplified collections procedures and small-estate options for certain low-value estates or for transferring personal property without full administration. The exact eligibility thresholds and procedures change, so check the Utah Courts small estate resources and the applicable statute or local court rules before proceeding: Utah Courts – Probate & Estate Administration.

Common documents you will encounter

  • Petition for Administration / Appointment of Personal Representative
  • Order Appointing Personal Representative
  • Letters of Administration
  • Inventory and Appraisement
  • Accountings and Final Distribution Documents

Where to find Utah statutes and official forms

Utah’s probate law is codified in Title 75 of the Utah Code. You can review the statutes at the Utah State Legislature site: le.utah.gov – Title 75. For step-by-step forms and local guidance, see Utah Courts’ probate resources: Utah Courts – Probate Forms.

Practical timeline

Timing varies. Many petitions are resolved in a few weeks to months if heirs agree and assets are straightforward. Complex estates, disputes, creditor claims, or real estate sales can extend administration to a year or more.

Costs and bonding

Expect filing fees, possible publication costs, and sometimes a bond requirement. The court may waive the bond or allow a smaller amount if heirs agree or if the laws permit. Check local court fee schedules and discuss bond options when you file.

When to consult an attorney

Consider speaking with a Utah probate attorney if there are large or complicated assets, multiple or contested heirs, unclear ownership, potential creditor lawsuits, tax issues, or if you expect litigation. An attorney can clarify duties, help prepare paperwork, and represent the estate in contested matters.


Helpful Hints

  • Start by ordering several certified copies of the death certificate from the county health department.
  • Check the Utah Courts probate forms page for county-specific filing rules and required forms: probate forms.
  • Gather bank statements, titles, insurance policies, and records of debts and monthly bills before you file.
  • Notify Social Security, banks, insurers, and other institutions as needed, but do not distribute estate assets until authorized by the court.
  • If multiple heirs want to serve, try to reach an agreement on who will be personal representative to avoid contested hearings.
  • Keep careful records and receipts for all estate transactions; you will likely file an inventory and accounting with the court.
  • Ask the court clerk or self-help center about small-estate procedures that may save time and cost for modest estates.
  • If you cannot find a will and family members disagree, consider a short consultation with a probate attorney to avoid mistakes that can cause delay or personal liability.

Disclaimer: This article provides general information about Utah probate procedures. It is not legal advice and does not create an attorney-client relationship. Laws and court procedures change. For legal advice about your specific situation, consult a licensed Utah attorney or contact the local probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.