Utah Probate Checklist: Step-by-Step Estate Administration Guide

You just became the personal representative of a Utah estate. Maybe you knew it was coming. Maybe the will named you and you've been dreading opening the envelope. Either way, you now have legal responsibility for winding up another person's financial life — and Utah law gives you specific deadlines to hit.

This checklist walks through the complete informal probate sequence in Utah, in chronological order, with the statutory timelines you need to track.

Before You File Anything: The First 5 Days

Utah Code requires a mandatory 120-hour (five-day) waiting period after the date of death before any probate application can be filed. Use this time to:

• Secure the decedent's property (change locks if the home is vacant, move valuables to a safe location)
• Locate the original will — probate requires the original physical document or a properly authenticated electronic will under the Utah Uniform Electronic Wills Act
• Order certified copies of the death certificate from the Utah Office of Vital Records or the county health department. An initial certified copy costs $30–$35; additional copies ordered on the same day cost $10–$25. Plan to order at least 8–10 copies — banks, brokerages, the DMV, and the probate court all require their own certified originals, not photocopies

Phase 1: Determine Which Probate Path Applies (Days 1–30)

Before going near a courthouse, determine whether formal court proceedings are required at all.

No probate needed if:

• The estate has no real property AND
• Total personal property is $100,000 or less (excluding up to four motor vehicles or watercraft transferrable via DMV Form TC-569C) AND
• At least 30 days have passed since death

If all three conditions are met, a Small Estate Affidavit under Utah Code 75-3-1201 lets successors collect assets directly from banks and financial institutions without court involvement.

Probate is required if:

• The estate includes any real property (land, home, condo, mineral rights) regardless of value, OR
• Personal property exceeds $100,000

Informal vs. formal probate: Informal probate — handled administratively by the court clerk without a judge's hearing — is available when the estate is uncontested and all interested parties agree. Formal probate, which requires a judge and scheduled hearings, is triggered by disputes, contested wills, or missing heirs.

Phase 2: File the Probate Application (Day 5 or Later)

To open an informal probate case, file a complete packet at the district court in the county where the decedent lived or owned property. The packet includes:

• Application for Informal Probate: Form 1002ES (if decedent had a will) or Form 1001ES (if no will)
• Original will or authenticated electronic will
• Certified death certificate
• Utah District Court Cover Sheet for Probate Actions
• Acceptance of Appointment — your signed acknowledgment of fiduciary duties
• Renunciation or Waiver of Notice forms (Form 1003ES) for anyone with equal or higher priority who is not applying

The initial filing fee is $375.00 payable to the district court. Attorneys must e-file through a certified Electronic Filing Service Provider. If you are self-represented (pro se), you may file in person at the courthouse, by mail, via the MyCase portal, or through county-specific email dropboxes maintained by the court clerk.

Once the clerk approves the application, you receive:

• A Statement of Informal Probate
• Letters Testamentary (if there's a will) or Letters of Administration (if intestate)

Immediately request multiple certified copies of your Letters from the clerk's office at $4.00 per document plus $0.50 per page. These court-stamped copies are the proof of authority you need to access bank accounts, transfer property, and deal with creditors. No financial institution will accept an uncertified photocopy.

Phase 3: Manage Creditors (Month 1–4)

This phase runs concurrently with asset inventory and is the one most executors underestimate.

Publish notice to creditors: Under Utah Code 75-3-801, publish a formal notice in a newspaper of general circulation in the county where probate is pending. The notice must run once a week for three consecutive weeks. Publication typically costs $100–$200 depending on the newspaper. After the first publication date, unknown creditors have exactly three months to file claims — after that, their claims are permanently barred.

Notify known creditors directly: For creditors whose identity and claims you already know (medical providers, mortgage lenders, credit card companies), you must send written notice by mail or personal delivery. Known creditors then have 60 days from the mailing date or 90 days from the first publication date — whichever is later — to file their claim.

Critical step — check with the Office of Recovery Services (ORS): If the decedent received Medicaid benefits after age 55, Utah's ORS may have a pending estate recovery claim under Utah Code 26-19-13.5. This can include a TEFRA lien on the home. The ORS must be notified and their claim must be resolved before you can distribute assets or close the estate. Distributing assets while an ORS lien is unresolved exposes you to personal liability for the improperly transferred funds.

Phase 4: Inventory and Appraise Estate Assets (Within 3 Months of Appointment)

Utah Code 75-3-705 gives you exactly three months from your appointment date to complete and file a comprehensive estate inventory. This is a hard deadline — not a target.

The inventory must:

• List every asset owned by the decedent at the time of death
• Reflect fair market value as of the date of death for each asset
• Detail any mortgages, liens, or encumbrances on each property
• Identify any qualified appraisers used, with their names and addresses noted next to the items they valued

Utah Code 75-3-706 authorizes you to hire qualified appraisers for complex assets — real estate, business interests, collections, or mineral rights. This is not optional if you genuinely cannot determine fair market value; using an incorrect valuation can create liability if it shortchanges creditors or beneficiaries.

If you discover additional assets after filing the inventory, or find errors in the initial valuations, Utah Code 75-3-707 requires you to file a supplementary inventory.

Phase 5: Pay Debts, Taxes, and Close (Month 4+)

Once the creditor notice period has expired and all legitimate claims are resolved:

File the Utah Fiduciary Income Tax Return (Form TC-41) if the estate generated any income during administration. Utah does not have a separate state estate tax or inheritance tax, so the only additional tax concern is the federal estate tax — which only applies to estates over the federal exemption threshold.

Distribute remaining assets according to the will or, if no will exists, Utah's intestate succession rules.

File the Closing Statement (Form 1012ES): Under Utah Code 75-3-1003, you cannot close an informal probate case earlier than four months after the date of your appointment. The Closing Statement is a sworn declaration that:

• The creditor claim period has expired
• All debts, taxes, and administrative expenses have been paid
• All assets have been distributed to the legally entitled persons

Send a complete copy of the Closing Statement and a full written accounting of the administration to all distributees and any unpaid creditors.

If no interested party files a legal challenge within one year after the Closing Statement is filed, your appointment as personal representative automatically terminates and your fiduciary liability ends.

Certified Copies: What You'll Actually Need

Throughout this process, certified copies of key documents get consumed quickly. Rough estimate for a typical informal Utah probate:

Order more than you think you need upfront. Re-ordering death certificates through the Utah Office of Vital Records is straightforward ($3 for reissues within 90 days), but retrieving additional certified court copies mid-administration adds trips to the courthouse and delays.

The Complete Guide to Utah Probate

This checklist covers the framework. The specific forms, timing nuances, how to handle contested creditor claims, the mechanics of a TEFRA lien release, and the LDS-specific considerations around charitable bequests and tithing settlements require more detail than a single checklist can provide.

The Utah Probate Process Guide provides the complete step-by-step system, including fillable checklists, the 4-month executor roadmap, and guidance on all statutory deadlines — designed specifically for personal representatives managing an informal Utah probate without a lawyer.

See more Utah guides →