Utah has adopted the Uniform Probate Code and offers one of the most streamlined probate systems in the country: informal probate as the default, a $100,000 small estate affidavit, no state estate tax, and a 3-month creditor period that's among the shortest in the U.S. This guide walks through every step.
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Does Utah Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, real estate transferred by a Transfer-on-Death Deed, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, and joint tenancy property with right of survivorship. Utah adopted its Uniform Real Property Transfer on Death Act effective for deaths on or after May 9, 2017 (Utah Code § 75-6-401 et seq.).
The Utah Small Estate Affidavit ($100,000)
For estates with total value of $100,000 or less, Utah offers a Small Estate Affidavit (Utah Code § 75-3-1201). The affidavit can be used 30 days after death and is presented directly to institutions holding the assets — no court filing is required. It cannot be used to transfer title to real property such as land or a house. This is one of the more generous small estate procedures in the country.
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See the full checklist →The Three Tracks of Utah Probate
- Informal probate: Utah's preferred path. Handled administratively by the District Court Registrar (not a judge). Letters are issued promptly, and the personal representative administers the estate without court hearings for routine actions.
- Formal probate: Required when there is a will contest, when the will is unclear or invalid on its face, when notice issues arise, or when other complications need a judge.
- Supervised administration: The court actively supervises every step — required when the will demands it or the court orders it.
How to Open Informal Probate in Utah
- File an Application for Informal Probate of Will and Informal Appointment of Personal Representative in the District Court of the county where the deceased was domiciled.
- The Registrar reviews the application — usually within a few weeks.
- If approved, the court issues Letters Testamentary or Letters of Administration. No court hearing is required for informal probate.
Creditor Claims in Utah
The personal representative may publish a Notice to Creditors under Utah Code § 75-3-801. Once published, creditors have 3 months from the date of first publication to file claims. Claims not timely presented are barred under the limitations rules of Utah Code § 75-3-803 — among the shortest creditor windows in the country. Without published notice, creditors generally have 1 year from the date of death.
Pro tip
Utah's 3-month creditor period (with publication) is one of the shortest in the country. Always publish the Notice to Creditors immediately after appointment — it can shave 9 months off your timeline compared to the no-publication 1-year period.
Intestacy in Utah
If there is no will, Utah's intestacy statute (Utah Code § 75-2-102) applies. Key rules: if all of the deceased's surviving descendants are also descendants of the surviving spouse (or there are no surviving descendants at all), the spouse inherits the entire estate. If the deceased has surviving descendants who are not also descendants of the spouse, the spouse takes the first $75,000 plus 1/2 of the balance, with the remainder going to the descendants.
Utah Has No State Estate or Inheritance Tax
Utah has no state estate tax and no inheritance tax. Only the federal estate tax applies, with its exemption of $15 million per person for 2026 (made permanent and inflation-adjusted going forward under the One Big Beautiful Bill Act). The vast majority of Utah estates owe no estate or inheritance tax of any kind.
Spousal and Family Allowances
Utah provides several allowances paid before creditors, under Utah Code Title 75, Chapter 2, Part 4:
- Homestead allowance (§ 75-2-402): $22,500 for the surviving spouse; if there is no surviving spouse, divided equally among minor and dependent children.
- Exempt property (§ 75-2-403): up to $15,000 in household furniture, automobiles, furnishings, appliances, and personal effects, for the surviving spouse or, if none, the children jointly.
- Family allowance: a reasonable allowance for the surviving spouse and minor children during administration.
These allowances are exempt from and have priority over all claims against the estate.
You're reading about probate in Utah. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Utah may change. Consult a licensed Utah attorney for guidance specific to your situation.