The Utah Probate Process
If you’ve lost someone recently—or are trying to plan ahead—it can be surprising to learn that having a will does not automatically avoid probate. Many Utah families only encounter probate when they are already dealing with grief, paperwork, and time pressure.
Probate is Utah’s court-supervised process for wrapping up someone’s estate. This page explains when probate is required, how the Utah process works, and why many families plan ahead to reduce or avoid it altogether.
Why this Matters
Probate usually begins when families are grieving—and when they least want court paperwork, delays, or uncertainty.
Without court authority, banks won’t release funds, title companies won’t transfer property, and beneficiaries may be left waiting for months. Even cooperative families can feel stuck, while disagreements can turn a routine process into a prolonged legal matter.
Probate isn’t always dramatic, but it is always procedural, time-bound, and public. Understanding how it works helps families avoid surprises and plan more intentionally.
What Probate Is
Probate is the legal process Utah uses to wrap up a person’s estate after death. It exists to provide oversight and ensure assets are handled correctly.
In general, probate is used to:
- Confirm whether a will is valid
- Appoint a personal representative (PR) to act for the estate
- Identify and value assets
- Pay debts, taxes, and expenses
- Distribute remaining assets to heirs or beneficiaries
Think of probate as Utah’s formal “wrap-up” system after someone dies.
It’s not punishment—it’s supervision.
How Probate Works in Utah
When probate is required, the court must authorize someone to act for the estate before most assets can be accessed or transferred.
Under Utah probate law (Title 75 of the Utah Code), the process typically follows these steps.
1. Filing the Probate Application
The personal representative or an attorney files:
- An application to open probate
- A request to appoint the personal representative
- The will (if one exists)
- A death certificate
The court reviews the filing for completeness.
2. Court Authority Is Issued
Once approved, the court issues:
- Letters Testamentary (if there is a will), or
- Letters of Administration (if there is no will)
These letters give the PR authority to deal with banks, title companies, and financial institutions. Without them, even spouses are often denied access.
3. Notice to Creditors
Utah law requires:
- Publishing notice in a newspaper for three consecutive weeks
- Sending notice to known creditors
Creditors generally have a specified time frame from the first publication to submit claims.
4. Inventory and Valuation
The PR identifies and values estate assets, such as:
- Real estate
- Bank and investment accounts
- Vehicles
- Personal property
- Outstanding debts
This inventory becomes the backbone of the probate case.
5. Paying Debts and Expenses
During the creditor window, the PR:
- Pays valid claims
- Rejects improper claims
- Handles final bills
- Files final tax returns if required
The estate cannot close until this step is complete.
6. Distribution of Assets
After debts are resolved, remaining assets are distributed according to:
- The will, or
- Utah’s intestacy laws if no will exists (§75-2-101 through §75-2-103)
7. Closing the Estate
The PR files final paperwork showing that all assets were handled and distributions completed. Only then is the estate formally closed.
Typical Utah probate timeline: about 4–12 months, depending on complexity.
When Probate is required in Utah
Probate is generally required when assets are owned:
- In the decedent’s name alone
- Without joint ownership
- Without beneficiary designations
Common probate-triggering assets include:
- Homes titled individually
- Bank accounts without beneficiaries
- Investment accounts without transfer-on-death designations
Utah allows a small estate affidavit only when:
- The estate includes no real estate, and
- The total value is under $100,000
If real estate is involved, probate is usually required.
Common Utah misconceptions:
- “A will avoids probate.” A will directs probate but does not bypass it.
- “Probate only happens if families fight.” Many Utah probates are informal and cooperative.
- “Spouses automatically have access.” Court authority is often required even for spouses.
The Two Types of Utah Probate
Informal Probate (Most Common)
Used when:
- The will is valid
- There are no disputes
- The PR is agreed upon
Many Utah probates are informal and may be handled without hearings.
Formal Probate
Used when:
- There are disputes
- A will is contested
- There is no valid will
- Family members disagree
Formal probate involves hearings, motions, and increased legal expense.
What Can Go Wrong if It's Done Incorrectly
What Can Cause Delays in Probate
Delays often result from:
- Real estate that must be prepared or sold
- Missing or hard-to-locate beneficiaries
- Creditor disputes
- Old or unclear wills
- Family conflict
- Failed beneficiary or joint ownership planning
Many of these issues can be avoided with proactive planning.
Who This Matters Most For
Understanding probate is especially important for:
- Homeowners
- Executors and personal representatives
- Blended families
- Adult children managing a parent’s estate
- Anyone who wants to reduce delays and court involvement
How Trusts Avoid Probate
A properly funded revocable living trust:
- Transfers assets privately
- Avoids court supervision
- Reduces delays
- Protects families during incapacity
- Keeps estate matters out of public records
Probate is Utah’s default system.
Trust-based planning is the alternative.
How Things Play Out
The One With the House Still in Her Name
Homeowner — The Home in One Name
Situation: Lisa passed away with her Draper home titled solely in her name. Her children couldn’t sell or refinance the property until probate was opened and a PR appointed.
Problem: Because the home was not jointly owned or held in a trust, the children could not sell or refinance until probate was opened and a personal representative appointed.
Outcome: The property was tied up in probate, delaying decisions and access while court authority was established.
Lesson: Real estate titled in an individual’s name often requires probate, even when heirs are clear and cooperative.
The One Where Probate Actually Worked
Cooperative Family — An Informal Probate That Went Smoothly
Situation: John had a valid, self-proving will and a cooperative family.
Problem: Probate was still required, but there were no disputes or missing documents.
Outcome: His daughter was appointed personal representative, and the estate moved through informal probate efficiently.
Lesson: While probate can’t always be avoided, proper planning and family cooperation can significantly reduce delays and stress.
The One Where Everyone Disagreed About the Cabin
Siblings — A Delayed Estate
Situation: Joe’s Park City cabin passed to multiple siblings without clear planning for management or sale.
Problem: Disagreements arose over how the property should be handled, forcing the estate into formal probate.
Outcome: Court involvement increased, and the process stretched on for months longer than expected.
Lesson: Lack of clear planning, especially for shared property, can quickly turn probate into a prolonged and costly process.
How Probate Fits Into a Complete Estate Plan
Probate outcomes depend heavily on:
- Whether a trust exists
- How assets are titled
- Beneficiary designations
- Coordination with wills and powers of attorney
Planning ahead determines whether probate is routine or avoidable.
Common Questions
Whether probate applies depends on how assets are owned and coordinated.
The right plan depends on your family, assets, and goals. If you’re exploring your options, our team can walk you through what these concepts mean for a typical Utah family.
This page offers general educational information about Utah estate planning. It is not legal advice, and any examples described are hypothetical illustrations, not real clients or situations.