Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.
Detailed Answer
In Utah, estate administration is handled by the District Courts rather than a county office. Utah is divided into eight judicial districts, each serving several counties. To open a probate or administration case, you file a petition in the District Court for the county where the decedent resided at the time of death. Venue rules are set out in Utah Code § 75-1-201.
The personal representative (formerly called executor or administrator) must submit the death certificate, a petition, and any required bond to the court clerk. The court then issues notices to heirs and creditors, oversees asset collection, approves debt payments, and finally authorizes distribution under a valid will or Utah’s intestacy statutes (Utah Code § 75-2-102).
Unclaimed property claims are overseen by the Unclaimed Property Division of the Utah State Treasurer’s Office, not by the courts. Under the Utah Unclaimed Property Act (Title 67, Chapter 4a), businesses and financial institutions report and remit inactive or abandoned assets—such as uncashed checks or dormant bank accounts—to the Treasurer. Claimants search and file claims online at property.utah.gov. The Treasurer’s office reviews documentation, verifies claims, and returns assets to rightful owners.
Helpful Hints
- Locate the District Court in the county where the decedent last lived to file probate papers.
- Obtain a certified death certificate before submitting any probate documents.
- Review the will; if none exists, Utah’s intestacy rules determine heirs.
- Search the Utah Treasurer’s unclaimed property database by name at property.utah.gov.
- Keep copies of all notices sent to heirs, creditors, and the court.
- Observe Utah’s statutory deadlines for creditor claims and court accountings.
- Access local court forms, fee schedules, and self-help guides on https://www.utcourts.gov.