Probate in Utah
What is the Probate Process?
Probate is the court-supervised legal process used to settle a deceased person's estate — gathering assets, resolving debts and taxes, and distributing remaining property to heirs or beneficiaries. This page explains the core stages of probate in Utah and practical considerations for Personal Representatives (often called "executors").
Quick overview
Probate answers three questions: (1) What property belongs to the estate? (2) What debts and taxes must be paid? and (3) Who is entitled to the remaining property? In Utah, some assets pass outside probate (for example, property held in trust, jointly-held assets, and assets with named beneficiaries), while others must go through the court process.
When is probate required?
Probate is generally required for property that is owned solely in the decedent's name and that does not transfer automatically by contract or operation of law. Utah also provides simplified procedures for small estates and certain personal-property transfers; whether those apply depends on the estate's composition and current state rules.
Do I qualify for a small estate affidavit?Who runs the probate?
The court appoints a Personal Representative (sometimes called an executor or administrator). If the decedent named an executor in a valid will, the court will typically appoint that person. If there is no will, Utah law provides a priority list of persons who may serve.
Step-by-step: Common probate stages
1. Early case setup
File the initial petition with the district court to open the estate, ask the court to appoint a Personal Representative, and obtain letters of appointment that authorize the representative to act for the estate.
2. Identify and secure assets
Compile a list of assets (bank accounts, real property, personal property, insurance, retirement accounts). Secure physical property and ensure ongoing bills, taxes, and mortgage payments are addressed to avoid loss.
3. Notify heirs & creditors
Provide required notice to heirs, beneficiaries, and creditors. Utah's rules set the form and recipients for notice; properly handling notices protects the estate from later claims.
4. Resolve claims and pay debts
Evaluate creditor claims and pay valid debts, funeral expenses, and taxes from estate assets before distributing anything to beneficiaries.
5. Inventory and accounting
Prepare an inventory and accounting for the court and beneficiaries showing receipts, payments, and the proposed distribution plan.
6. Distribution & closing
After disputes and claims are resolved and the court approves the accounting, remaining assets are distributed and the Personal Representative asks the court to close the estate.
Typical timeline & practical notes
- How long probate takes depends on estate complexity: simple matters may be resolved in a few months; contested or complex estates commonly take longer.
- Utah law includes procedural deadlines and notice requirements—missing a deadline can lead to unintended consequences. Work with counsel to meet statutory obligations.
- Many assets avoid probate (trusts, beneficiary-designated accounts, joint tenancy). Early review of estate structure can reduce time and expense later.
How Novel Law can help
We guide Personal Representatives step-by-step: filings and court communications, creditor claim evaluation, asset inventory and valuation, settlement negotiations, and preparing the final accounting and petition to close the estate.
Request a Probate ConsultationInformation on this page is educational and does not create an attorney-client relationship. Probate rules and procedures are set by statute and court rules and may change; for advice specific to your situation, contact Novel Law for a consultation.