Utah Probate Attorney: Flat-Fee Informal Probate
Full-Service Uncontested Probate With Clear Flat-Fee Pricing
When someone dies, banks, title companies and other institutions often ask for court documents before they will release anything. Legacy Peak Estate Planning Law handles uncontested informal probate in Utah, from opening the estate through administration and closing, for a flat attorney fee of $2,500 plus the court filing fee, which is currently $375. We explain the full cost before you commit.
15–30 minutes · By phone or in person · No obligation
Is informal probate the right fit?
Informal probate is the court process that gives a personal representative, also called an executor, legal authority to settle someone's estate. It is generally handled without a court hearing, and it works best when the family is cooperative and no one is competing for the same assets.
Our practice focuses on uncontested matters. We do not handle contested probate, will challenges, inheritance disputes or litigation. If a dispute arises over the will, the appointment, an inheritance, who owns property, a distribution or a fiduciary's conduct, we will tell you and refer you to an attorney who handles contested matters.
Flat-fee uncontested informal probate
$2,500 attorney fee. The flat fee covers the standard work in an uncontested estate: preparing and filing the court documents, obtaining your appointment, ordinary notices, guidance through administration, distributions, closing, and routine questions along the way. The court filing fee is separate and is currently $375.
What is not included. Contested proceedings and litigation are not included. Additional costs may apply for deeds, newspaper publication, appraisals, tax or accounting work, certified copies, or extraordinary work. We will tell you about these in advance whenever reasonably possible.
Want a more detailed breakdown of probate costs? See what probate costs in Utah.
Do you need probate?
Probate may be needed when assets remain in the decedent's individual name and cannot pass by beneficiary designation, survivorship, a trust or another procedure. The answer depends on the assets, not only on whether there is a will. Common triggers are real property in the decedent's name, a bank that requires a court appointment, or a family that needs legal authority to act. If the decedent had a revocable living trust that was properly funded, much of the estate may avoid probate. Learn how to avoid probate in Utah.
A smaller estate may not need probate. Under Utah Code § 75-3-1201, a successor can collect personal property with a small estate affidavit, without opening a probate case, if the value of the entire estate, less liens and encumbrances, does not exceed $100,000, at least 30 days have passed since the death, and no petition for a personal representative is pending anywhere. Water company shares are not eligible. The affidavit covers personal property, so real estate in the decedent's name generally still needs probate. If your estate qualifies, you may not need to pay the court filing fee or hire us for full probate. Learn about the Utah small estate affidavit.
How informal probate works in Utah
A petition is filed with the court asking to appoint a personal representative and, if there is a will, to admit it. Once the court approves, the personal representative receives Letters Testamentary (when there is a will) or Letters of Administration (when there is not). Those letters are the document banks and title companies ask for. The personal representative then notifies the heirs and beneficiaries and the estate's creditors, gathers and inventories the assets, pays valid debts and taxes, and distributes what remains. When the work is done, the estate is closed with the court.
How we help
Understand what needs to be done. We start with a free consultation. Bring the date of death, where the person lived, information about property and accounts, and any will, trust, death certificate, court papers or bank and title company requests you have. You do not need a complete inventory to start.
Prepare the court paperwork. We prepare and file the documents to request your appointment as personal representative, which results in Letters Testamentary or Letters of Administration.
Guide the personal representative. We walk you through administration so you know what to do and when.
Address distribution and closing. We advise on distributing the estate and closing it. Closing the estate does not replace paying obligations or distributing the assets, and we will explain what is left to do.
Support During a Difficult Time
“Justin has been wonderful to work with! Very knowledgeable & has helped us through a very rough time! I would for sure refer him to anyone who needs probate help!”
— Andrea G.
Questions about Utah informal probate
Does a will avoid probate, and what if there is no will? No. A will only directs the assets it governs, and a will generally has to be admitted through the court before it can be used. Some assets pass outside probate by beneficiary designation, survivorship or a trust, and a small estate may use an affidavit instead. If there is no will, informal probate may still be available, and Utah law decides who the heirs are. To avoid probate for your own family, see our guide to wills and revocable trusts in Utah.
Do I have to go to a court hearing? Usually not. Informal probate is generally handled without a hearing. A hearing may be needed if someone files an objection or a dispute arises.
How long does probate take in Utah? Probate has two stages. Getting appointed depends on the court's review and the required notices. Administration depends on the assets involved, creditor issues, taxes and other requirements. We do not promise a completion date, and we will discuss the likely timeline for your estate at your consultation.
What does a personal representative do? More than signing documents. The personal representative gathers the assets, keeps records, handles the estate's debts and taxes, and distributes the property to the people entitled to it. We guide you through each part.
What if the estate becomes contested? Contested matters are outside the flat fee, and we do not handle litigation. If a dispute arises, we will tell you promptly and refer you to an attorney who handles contested probate.
Find out what your family needs to do next
If you are not sure whether you need probate, start with a free conversation. We will tell you honestly whether your situation calls for informal probate, a small estate affidavit, or something else. We can meet by phone or in person at our Draper or Kaysville office. If you are planning ahead for your own family, see our estate planning packages. You can also read about the attorneys on our About page.
By phone or in person · No obligation to hire us