Understanding Informal Probate in Utah
When a loved one passes away, their estate often needs to be settled through the probate process. In Utah, many families qualify for a faster, simpler procedure called informal probate. Knowing when informal probate applies—and how it works—can help you navigate a difficult time with less stress and expense.
What Is Informal Probate?
Probate is the legal process of proving a will, appointing a personal representative, paying debts, and distributing property. Informal probate is the most common type of probate in Utah. It is handled by the court but usually without formal hearings in front of a judge.
Instead, the process is managed by filing paperwork with the court clerk, making it less time-consuming and less costly than formal probate.
When Can You Use Informal Probate in Utah?
Informal probate is available when:
The will appears valid and uncontested.
No disputes are expected among heirs or beneficiaries.
The estate does not involve complex issues like unknown heirs, disputed debts, or questions of validity.
If disputes arise, the case may be converted to formal probate, which requires hearings and closer judicial oversight.
Steps in Utah’s Informal Probate Process
File an Application – The proposed personal representative submits an application with the district court in the county where the decedent lived.
Court Appointment – If the application is accepted, the court issues “Letters Testamentary” (if there’s a will) or “Letters of Administration” (if there isn’t).
Notify Heirs & Creditors – The personal representative must provide notice to interested parties and publish notice to creditors.
Manage the Estate – The personal representative gathers assets, pays debts, and manages the estate during administration.
Distribute Assets – Once debts and expenses are handled, remaining property is distributed according to the will or Utah’s intestacy laws.
Close the Estate – A final accounting is filed with the court to close the probate.
Benefits of Informal Probate
Faster – No court hearings are required if everything is uncontested.
Less Expensive – Filing fees and attorney costs are generally lower than in formal probate.
More Private – Fewer court appearances mean less public scrutiny.
Utah-Specific Notes
Informal probate is handled through the Utah District Courts.
Typically, the process takes about 4–6 months, depending on the complexity of the estate.
If real estate is involved, the personal representative may need additional filings to transfer title properly.
Take the Next Step
If you’ve lost a loved one, understanding whether informal probate applies can save your family significant time and expense.
Cutler | Riley can guide you through Utah’s probate process, ensuring compliance with state law while easing the burden on your family. Contact us today for a free consultation.