Detailed Answer

If your father died without a will (intestate) in Utah, the state court can appoint a personal representative (commonly called an administrator) to handle his estate. The court follows Utah’s probate rules and the statutory order of priority when choosing who may serve. The general steps are: determine the correct court, file a petition for appointment, provide notice to heirs and creditors, obtain letters of administration, and then administer and close the estate under Utah law.

Key legal authorities: Utah’s intestate succession and the rules governing appointment of a personal representative are in the Utah Code. See the intestacy provisions at Utah Code § 75-2-102 and the appointment/priority rules at Utah Code § 75-3-201. These sections show who inherits when there is no will and who has priority to be appointed.

Who can be appointed?

Under Utah law the court gives priority to certain classes of people when appointing a personal representative. Priority typically starts with a surviving spouse and then moves to other close relatives (for example, adult children, parents, siblings, and other heirs) if no spouse or if the spouse declines. The court will generally appoint the highest-priority qualified and willing person. See Utah Code § 75-3-201.

Practical step-by-step process

1. Confirm the proper court and venue. File in the district court in the county where your father lived when he died.
2. Gather documents. Typical items: certified death certificate(s), your father’s identification, asset information (bank accounts, titles, deeds), list of potential heirs and their contact information, and any bills or known creditors.
3. Prepare and file a petition for appointment. The petition asks the court to appoint you as personal representative. Many Utah district courts provide local forms or instructions; the court clerk can tell you what to file. Because your father left no will, you will state that in the petition.
4. Provide notice to heirs and creditors. Utah law requires notice to interested persons (statutory heirs) and to creditors. The court will explain how notice must be given and what time periods apply.
5. Bond and qualifications. The court may require a bond to protect estate creditors and beneficiaries, unless those entitled to priority agree in writing to waive the bond. The court will also confirm you are legally qualified (age, mental capacity, no disqualifying convictions) to serve.
6. Hearing and issuance of letters. After required notice and any hearing, if the court approves your petition it will enter an order appointing you and will issue letters of administration (proof that you are authorized to act for the estate).
7. Administer the estate. Your duties include locating and valuing assets, providing an inventory to the court if required, paying valid debts and taxes, and distributing remaining assets according to Utah’s intestacy statutes (see Utah Code § 75-2-102). Keep careful records; the court and heirs can require accounting.
8. Close the estate. Once debts, taxes, and distributions are complete, file a final accounting or petition for discharge so the court can close the estate and release you from further responsibility.

If someone contests your appointment

Disputes can arise if another heir claims higher priority or alleges you are unfit. If someone contests, the court will decide the dispute at a hearing and may appoint a different personal representative. If a contest looks likely, consider contacting a probate attorney for help with strategy and representation.

Timing and costs

Simple, uncontested administrations can take a few months. More complex estates or contested matters can take much longer. There are filing fees, possible bond costs, publication or notice costs, and possibly attorney fees if you hire counsel.

Important: Utah’s statutes and local court rules control many details (deadlines, notice methods, bond amounts, and forms). Review the district court’s probate pages or speak to the court clerk to learn local procedures, and consult the Utah Code links above for statutory language.

This information is educational only and does not constitute legal advice.

Helpful Hints

• Obtain several certified copies of the death certificate early — banks and other institutions require them.
• Talk with likely heirs before filing. A voluntary agreement can speed the appointment and avoid bond requirements.
• Keep detailed records of all estate transactions: receipts, bank statements, and communications with creditors and heirs.
• Use the court clerk as a resource. Clerks can point you to local probate forms and filing procedures.
• If the estate is large, complex, or contested, consult a probate attorney. If funds are limited, ask about limited-scope help or legal aid in your county.
• Watch statutory deadlines for creditor claims and tax filings; missing deadlines can affect the estate and your liability as administrator.
• If you are unsure who the heirs are, order a title search for real property, check account records, and consider a background check to locate possible heirs.