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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationUtah

Probate in Utah

What Utah’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Utah.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Where a probate case may be filed, in the court’s own words

A probate case may be filed in the district court of the county where the decedent lived at the time of death, or in the district court of the county where the decedent owned property.

Utah · general information · checked October 24, 2026 · Utah State Courts, Informal Probate

Which county the first proceeding belongs in, in the statute’s words

Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: (a) In the county where the decedent had his domicile at the time of his death.

Utah · general information · checked October 24, 2026 · Utah Code §75-3-201(1)(a)

What informal probate is, and how soon after a death it may be filed

Informal probate is the process for asking the court to appoint a personal representative for a decedent's estate without a hearing.

An informal probate case may not be filed with the court until 120 hours (five days) have passed since the decedent's death.

Utah · general information · checked October 24, 2026 · Utah State Courts, Informal Probate

Who may apply to the registrar in informal proceedings

Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter

Utah · general information · checked October 24, 2026 · Utah Code §75-3-105(1)(a)

Starting an informal probate case: the application and filing fee, the death certificate, and the acceptance of appointment

To start an informal probate case, the person asking to be appointed the personal representative files an Application with the court along with the filing fee and a Utah District Court Cover Sheet for Probate Actions.

The applicant must also submit an official death certificate with the probate paperwork.

The applicant must also file a signed Acceptance of Appointment.

Utah · general information · checked October 24, 2026 · Utah State Courts, Informal Probate

Who may file, and the minimum age to serve as personal representative

Anyone may file a probate case. To be appointed the personal representative, an applicant must be at least 21 years old.

Utah · general information · checked October 24, 2026 · Utah State Courts, Informal Probate

The time limit for opening probate, and what follows if no will is probated in time

An informal probate proceeding or formal testacy proceeding, other than a proceeding to probate a will previously probated at the testator's domicile, may not be commenced more than three years after the decedent's death, except:

If no will is probated within three years from death, the presumption of intestacy is final

Utah · general information · checked October 24, 2026 · Utah Code §75-3-107(1), (3)

The notice to creditors, and how long they have to present claims

A personal representative, upon appointment, may publish a notice to creditors announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within three months after the date of the first publication of the notice or be forever barred.

within 90 days from the published notice … or within 60 days from the mailing or other delivery of the notice, whichever is later, or be forever barred.

Utah · general information · checked October 24, 2026 · Utah Code §75-3-801(1)(a), (2)

The outer limit on claims against the estate

are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates: (a) one year after the decedent's death; or

Utah · general information · checked October 24, 2026 · Utah Code §75-3-803(1)(a)

What the person holding the will must do, and the liability for not doing it

After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate. A person who wilfully fails to deliver a will is liable to a person aggrieved for damages that may be sustained by the failure.

Utah · general information · checked October 24, 2026 · Utah Code §75-2-902

The same page for other states

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FAQ

Common questions

A probate case may be filed in the district court of the county where the decedent lived at the time of death, or in the district court of the county where the decedent owned property.

Utah · general information · checked October 24, 2026 · Utah State Courts, Informal Probate

Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: (a) In the county where the decedent had his domicile at the time of his death.

Utah · general information · checked October 24, 2026 · Utah Code §75-3-201(1)(a)

Informal probate is the process for asking the court to appoint a personal representative for a decedent's estate without a hearing.

An informal probate case may not be filed with the court until 120 hours (five days) have passed since the decedent's death.

Utah · general information · checked October 24, 2026 · Utah State Courts, Informal Probate

Persons interested in decedents' estates may apply to the registrar for determination in the informal proceedings provided in this chapter

Utah · general information · checked October 24, 2026 · Utah Code §75-3-105(1)(a)

An informal probate proceeding or formal testacy proceeding, other than a proceeding to probate a will previously probated at the testator's domicile, may not be commenced more than three years after the decedent's death, except:

If no will is probated within three years from death, the presumption of intestacy is final

Utah · general information · checked October 24, 2026 · Utah Code §75-3-107(1), (3)

Anyone may file a probate case. To be appointed the personal representative, an applicant must be at least 21 years old.

Utah · general information · checked October 24, 2026 · Utah State Courts, Informal Probate

A personal representative, upon appointment, may publish a notice to creditors announcing the personal representative's appointment and address and notifying creditors of the estate to present their claims within three months after the date of the first publication of the notice or be forever barred.

within 90 days from the published notice … or within 60 days from the mailing or other delivery of the notice, whichever is later, or be forever barred.

Utah · general information · checked October 24, 2026 · Utah Code §75-3-801(1)(a), (2)

are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented within the earlier of the following dates: (a) one year after the decedent's death; or

Utah · general information · checked October 24, 2026 · Utah Code §75-3-803(1)(a)

After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate. A person who wilfully fails to deliver a will is liable to a person aggrieved for damages that may be sustained by the failure.

Utah · general information · checked October 24, 2026 · Utah Code §75-2-902

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