Utah Probate Court Forms: Every Document You Need and When to File It

The Utah State Courts self-help page lists probate forms. What it does not give you is the order to file them, which documents depend on others being completed first, or what happens if you skip a step. That is the gap that sends most pro se executors back to the starting line — often after paying the non-refundable $375 filing fee.

This guide covers every form required for informal probate in Utah, organized by the sequence in which you actually need them.

Where Utah Probate Forms Come From

All official Utah probate forms are available from two sources:

Utah State Courts Self-Help Center (utcourts.gov) — provides standardized fillable PDFs at no cost. These are the primary forms for pro se filers.

Private platforms (estateexec.com, efiling providers) — index the same forms under internal code numbers like "1001ES" or "1002ES." These alphanumeric codes are not official Utah court designations; they are tracking codes used by third-party services and some courts. If you are filing in person or by mail, use the state court PDFs directly.

Important: Utah's Online Court Assistance Program (OCAP) explicitly excludes probate. OCAP helps with family law, evictions, and protective orders — it will not generate your probate documents. You must assemble the packet manually.

Licensed attorneys must file electronically through certified Electronic Filing Service Providers (EFSPs). Pro se filers may file in person at the courthouse, by mail, through the MyCase online portal, or via county-specific email dropboxes — whichever method the local district court accepts.

Stage 1: Filing the Initial Application

These are the documents required to open a probate case and obtain your Letters Testamentary:

1. Utah District Court Cover Sheet for Probate Actions Every filing requires this cover sheet as the first document in the packet. It identifies the case type, the parties, and the county.

2. Application for Informal Probate

• Form 1001ES — used when the decedent died without a will (intestate)
• Form 1002ES — used when the decedent died with a will (testate)

This is the core application. It identifies the decedent, the petitioner, the nature of the estate, and requests appointment as personal representative.

3. Original Will (if testate) The physical, original will must be submitted with the application. Utah enacted the Uniform Electronic Wills Act in 2020 (Utah Code 75-2-1401), making electronically executed wills fully valid — if the decedent had a digital will, submit the authenticated electronic document per the court's requirements.

4. Certified Death Certificate One certified copy is required for the initial filing. Order additional copies — at least 10–12 total — because every bank, brokerage, life insurer, and government agency will require one.

5. Acceptance of Appointment The personal representative must sign this document, accepting the fiduciary duties and confirming their willingness to serve. It becomes part of the filed record.

6. Waiver of Notice (Form 1003ES) — if needed If anyone with equal or higher statutory priority to serve as personal representative is not the applicant, they must either sign a formal waiver or be provided formal notice. The priority order under Utah Code 75-3-203 goes: person nominated in the will, surviving spouse (if the will includes a gift to them), other will beneficiaries, surviving spouse (if no gift), other heirs, creditors (after 45 days from death).

If co-equal applicants are present and agree, they all sign Form 1003ES. If someone refuses — and this is the trigger point for formal probate — their objection must be resolved before the clerk will issue your Letters.

7. Statement of Informal Probate

• Form 1007ESF — issued by the court when there is a will
• Form 1006ESF — issued by the court when there is no will

This is not something you draft. The clerk issues this document after reviewing and approving your application. It confirms that informal probate has been opened and authorizes your appointment.

8. Letters Testamentary / Letters of Administration Also issued by the court clerk upon approval. "Letters Testamentary" is issued when there is a will; "Letters of Administration" when there is none. These are the most important documents in the entire process — certified copies are required by every institution before they will release assets, transfer titles, or act on your instructions. Order at least five certified copies from the clerk immediately.

Stage 2: Administration Documents

After appointment, additional forms manage the ongoing administration:

Inventory and Appraisement Not a numbered court form — you compile this document yourself, but it must conform to Utah Code 75-3-705. It must list every estate asset at fair market value as of the date of death, including all liens and encumbrances. Required appraisers must be named on the form with their professional addresses. Due within three months of appointment. File a supplemental inventory under Utah Code 75-3-707 if assets are discovered later.

Notice to Creditors Published in a newspaper of general circulation in the county — not a court filing. Triggers the three-month creditor claim period. Keep proof of publication in your estate file.

Utah Survivorship Affidavit for Motor Vehicles (Form TC-569C) Issued by the Utah State Tax Commission (not the courts). Used to transfer up to four vehicles, boats, or trailers without probate court involvement. The value of qualifying vehicles is explicitly excluded from the $100,000 small estate threshold. Filed directly with the Utah DMV, not the court.

Stage 3: Tax Forms

Utah Fiduciary Income Tax Return (Form TC-41) Filed with the Utah State Tax Commission if the estate generated income during the administration period. The tax year for the estate must match the federal fiduciary return period and cannot exceed 12 months. Note: Utah has no state estate tax or inheritance tax.

Advance Health Care Directive (Statutory Optional Form) This is not a form you file during probate — but the personal representative needs to locate it and confirm its status. The statutory form was updated in 2026 under Utah Code 75A-9-110. If the decedent had an advance directive or POLST, confirm it is the current version and that the medical power of attorney terminated at death (it does — healthcare agents have no authority in probate matters).

Stage 4: Closing the Estate

Closing Statement (Form 1012ES) This sworn declaration, filed with the court, formally closes the estate. It affirms that the creditor notice period has expired, all taxes and debts have been paid, and all assets have been distributed. Must not be filed until at least four months after the date of appointment (Utah Code 75-3-1003). A copy must be sent to all distributees and any creditors with unpaid claims.

One year after filing the Closing Statement without a legal challenge, the personal representative's appointment terminates automatically and they are discharged from fiduciary liability.

Common Filing Mistakes to Avoid

Submitting copies of the will instead of the original. The court requires the original document. If the original cannot be located, formal probate may be necessary to admit a copy.

Missing the waiver from a higher-priority individual. If someone with statutory priority does not sign Form 1003ES and is not formally notified, the clerk will not approve the application.

Filing without a Cover Sheet. Every probate filing in Utah requires the Cover Sheet for Probate Actions as the first document in the packet.

Trying to use OCAP. The Online Court Assistance Program does not support probate documents. Do not expect to generate your forms there.

The Utah Probate Process Guide contains the complete filing checklist, the exact documents in the correct order, and the deadlines governing each stage — so you file once and correctly, not twice after a rejection.

See more Utah guides →