Does Utah require probate?
Not always. Utah adopted the Uniform Probate Code (UPC), which keeps the process straightforward. Estates with personal property under $100,000 can use a small estate affidavit after a 30-day waiting period.
For larger estates, informal probate handles most uncontested cases without a hearing.
What court handles probate in Utah?
Probate in Utah is handled by the District Court in the county where the deceased person lived. Utah has 29 counties organized into 8 judicial districts. There is no separate probate court.
Utah's court system offers an Online Court Assistance Program (OCAP), which generates probate forms through an interview-style questionnaire. This makes it easier for families handling probate without an attorney.
Small estate threshold
Estates where the deceased's personal property is valued at $100,000 or less can use a small estate affidavit to collect assets without probate (Utah Code § 75-3-1201).
Requirements:
- At least 30 days must have passed since the date of death.
- No probate proceeding has been filed or is pending.
- The total value of personal property does not exceed $100,000.
- The person filing the affidavit is entitled to the property under the will or intestate law.
The affidavit can be presented to banks and other holders of the deceased's property. Real estate cannot be transferred by affidavit and requires probate or a separate legal process.
Simplified probate options
Utah's UPC-based system provides two main tracks:
Informal probate. The standard path for uncontested estates. A personal representative files an application with the court registrar, and the appointment happens without a hearing. The personal representative manages the estate with minimal court oversight. Most Utah estates use this process.
Formal probate. Used for contested situations, will disputes, or complex estates. Requires a court hearing.
Supervised administration. Available in rare cases when the court orders full oversight.
What if there is no will?
When someone dies without a will in Utah, the estate follows the state's intestate succession laws (Utah Code § 75-2-101 et seq.).
If the deceased was married:
- Spouse, no descendants (or all descendants are also the surviving spouse's descendants). The surviving spouse inherits the entire estate.
- Spouse and descendants from a prior relationship. The surviving spouse receives the first $75,000 of the estate plus 50% of the balance. The remaining portion goes to the deceased's descendants.
If the deceased was not married:
- Children. The children inherit equally.
- Parents (no children). The parents inherit everything.
- Siblings (no children or parents). The siblings inherit equally.
For a broader overview, see our guide on handling an estate without a will.
What makes Utah different?
Online Court Assistance Program (OCAP)
Utah's OCAP system allows families to generate probate forms online through a guided interview. The program asks questions about the estate and produces the correct forms pre-filled with the relevant information. This is one of the more user-friendly court technology systems in the country and is especially helpful for families handling probate without an attorney.
High $100,000 threshold
Utah's $100,000 small estate affidavit threshold is among the more generous in the country, allowing many families to transfer personal property without opening probate at all.
No state estate tax
Utah has no state estate tax and no state inheritance tax. Only the federal estate tax applies, and only to estates exceeding the federal exemption (currently over $13 million). This simplifies the tax side of estate settlement for most families.
For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.
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