Does Utah probate require a court hearing?

No — Utah is a Uniform Probate Code state. Most estates qualify for informal probate, reviewed administratively by the probate registrar. No court hearing required. File the Application, the registrar reviews, and you receive Letters Testamentary without appearing before a judge.

How long is the Utah creditor notice period?

60 days from the date of first publication of the creditor notice in a newspaper of general circulation. Known creditors who receive mailed notice have 30 days from mailing — or the 60-day publication period, whichever is later. Do not distribute to heirs until the claim period closes.

Utah Probate: A Step-by-Step Guide for Personal Representatives

Q: What is the Utah small estate affidavit threshold?

Utah's small estate affidavit threshold is $100,000 of personal property (Utah Code § 75-3-1201). Estates under $100,000 with no real estate can skip probate entirely. Wait 30 days from death, present a notarized affidavit and death certificate to the financial institution, and the asset transfers directly — no court required.

Q: Does Utah have a state estate tax?

No. Utah has no state estate or inheritance tax. Only federal estate tax may apply, and only for gross estates exceeding approximately $13.99 million (2025). Utah does have a flat 4.55% state income tax — file the deceased's final Form TC-40 and estate Form TC-41 if the estate earns income.

Utah Probate at a Glance

Probate Court

District Court (probate registrar for informal)

Small Estate Affidavit

$100,000 personal property — 30-day wait (Utah Code § 75-3-1201)

Creditor Notice Period

60 days from first publication

Utah Estate Tax

None

Utah Income Tax

Flat 4.55% — Form TC-40 (deceased) / TC-41 (estate)

Community Property

No — separate property (common law) state

Filing Fee

~$165–$210 (varies by county)

PR Title

Personal Representative

Do You Need Probate?

Not all assets require probate. Identify what passes automatically before opening a case:

Joint tenancy with right of survivorship — passes automatically; no probate.
Beneficiary-designated accounts — IRAs, 401(k)s, life insurance, POD/TOD accounts transfer directly.
Revocable living trust — assets pass per the trust terms without court involvement.
Small Estate Affidavit (Utah Code § 75-3-1201) — personal property ≤ $100,000, no real estate, 30-day wait.

Probate is required if the decedent owned real estate in Utah titled solely in their name, or if personal property exceeds $100,000.

Utah Small Estate Affidavit — $100,000 Threshold

Under Utah Code § 75-3-1201, if the gross value of the decedent's personal property does not exceed $100,000 and there is no real estate, you can collect assets by presenting a notarized affidavit and certified death certificate to the financial institution — no probate required. Requirements:

At least 30 days since the date of death
Gross personal property ≤ $100,000 (before subtracting debts)
No probate proceeding pending in any state
You are an heir or successor entitled to the property

Utah is not a community property state. All personal property titled in the decedent's name counts toward the $100,000 threshold — there is no reduction for a spouse's half-interest. Named beneficiary accounts (IRA, life insurance, POD/TOD) are not counted — they transfer directly without an affidavit.

Informal vs. Formal Probate in Utah

✓ Informal Probate

No court hearing required
Reviewed by probate registrar
Available for uncontested wills and appointments
Personal Representative acts independently
Fastest and most economical path
Right choice for most Utah estates

Formal Probate

Court hearing required before a judge
Required when will is contested
Required when appointment is disputed
Available when court direction is needed
Higher cost and longer timeline
For contested or complex estates

The 14-Step Utah Probate Process

1
Determine If Probate Is RequiredIdentify non-probate assets and check whether the $100,000 small estate affidavit applies.
2
Gather and Organize Estate DocumentsCollect the will, death certificates, financial statements, real estate deeds, and other records.
3
Handle Immediate Bills and ObligationsForward mail, cancel subscriptions, secure real estate, and continue insurance coverage.
4
Notify Government AgenciesReport the death to Social Security, Medicare, the VA (if applicable), and Utah agencies.
5
Obtain Death Certificates and Locate the WillOrder 8–10 certified copies from Utah Vital Records and find the original will before filing.
6
Apply for the Estate EINGet the estate's Employer Identification Number from the IRS — free and instant online.
7
Open an Estate Bank AccountOpen a dedicated estate account to centralize all income, expenses, and distributions.
8
Inventory and Appraise Estate AssetsDocument all probate assets with date-of-death values. File the Inventory within 3 months of appointment.
9
File for Informal Probate — Apply to the Probate RegistrarFile the Application with the District Court. No court hearing. Receive Letters Testamentary upon approval.
10
Publish Creditor Notice and Manage ClaimsPublish in a local newspaper for 2 consecutive weeks to start the 60-day claim period. Pay valid claims after it closes.
11
File Utah and Federal Tax ReturnsFile final Utah Form TC-40 (flat 4.55%) and federal Form 1040. File TC-41 and Form 1041 if estate earns income. No Utah estate tax.
12
Transfer Real EstateRecord a Personal Representative's Deed with the county recorder. No Utah real estate transfer tax.
13
Transfer Vehicles and Personal PropertyTransfer vehicle titles through the Utah DMV using Letters Testamentary. Distribute personal property to heirs.
14
Close the Estate — Closing StatementFile the Closing Statement (Utah Code § 75-3-1003) after 6 months from appointment to formally close the estate.

No Utah State Estate Tax

Utah has no state estate or inheritance tax. Unlike Oregon (threshold: $1 million) or Hawaii (threshold: $5.49 million), Utah executors do not need to file a state estate tax return. The only estate tax consideration is federal — which applies only to gross estates exceeding approximately $13.99 million (2025 threshold).

Utah does have a flat 4.55% state income tax. File the deceased's final Utah Form TC-40 for the year of death, and estate Form TC-41 if the estate earns income during administration.

FAQ

Can I file Utah probate without an attorney? ▼

Yes. For straightforward estates — an uncontested will, cooperative heirs, no disputes — you can file Utah probate yourself. Utah's informal probate process and the Utah Courts Self-Help Center are designed to support self-represented Personal Representatives. Attorneys charge $3,000–$10,000+ for probate work that you can do for $165–$210 in court fees.

What is the Utah small estate affidavit threshold? ▼

$100,000 of personal property under Utah Code § 75-3-1201. If the gross personal property estate is $100,000 or less and there is no real estate, you can collect assets by presenting a notarized affidavit and death certificate to each financial institution after 30 days have passed — no probate proceeding required.

Does Utah have a state estate tax? ▼

No. Utah has no state estate or inheritance tax. Utah does have a flat 4.55% state income tax — the deceased's final Form TC-40 must be filed, and estate Form TC-41 if the estate earns income. Federal estate tax only applies to estates over approximately $13.99 million (2025).

How long does Utah probate take? ▼

Most Utah informal probates close in 6–10 months. The 60-day creditor period is the main timeline driver — it starts at first publication. The Closing Statement cannot be filed until 6 months after appointment. Estates with real estate sales, tax complications, or heir disputes take longer.

Is Utah a community property state? ▼

No. Utah is a separate property (common law) state. All property titled in the decedent's name alone is part of the probate estate. Unlike Arizona, Idaho, or Nevada, there is no community property half that automatically belongs to the surviving spouse outside of probate.

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