Probate in Utah: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Utah, family can skip probate with a small estate affidavit if the whole estate subject to probate is $100,000 or less, after liens, 30 days after death. Larger estates usually go through informal probate, with no hearing. A recorded transfer-on-death deed can pass a home outside court. Utah has no estate or inheritance tax.

When someone dies in Utah, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Often the answer is no, or not for long. This page covers Utah's small estate affidavit, informal probate, the deed that passes a house without court, and who inherits with no will. It is part of our guides to estate planning in each state. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Utah?

Yes, if the estate fits the limit. Thirty days after death, a successor can collect personal property, money owed and securities by affidavit (Utah Code 75-3-1201).

Item	Utah small estate affidavit
Value limit	The entire estate subject to probate, wherever located, less liens, is $100,000 or less
What it covers	Personal property, debts owed to the person who died, and securities
Earliest you can use it	30 days after death
Other conditions	No application or petition for a personal representative is pending or granted anywhere
Vehicles	The DMV must transfer up to four vehicles, boats or trailers on the affidavit, and their value isn't counted toward the $100,000
What it can't pass	Water company shares (a 2025 change)

Note that the limit counts the whole estate subject to probate, not just personal property.

Utah also has summary administration. If the estate is no bigger than the family allowances, exempt property, administration costs, funeral costs and last-illness bills, the personal representative may distribute right away, without notice to creditors (Utah Code 75-3-1203).

Who inherits if there's no will?

Utah's intestacy law decides (Utah Code 75-2-102). Utah is not a community property state.

If you are married, your spouse takes everything when either of these is true:

You have no children or other descendants, or
All your descendants are also your spouse's descendants.

Your parents don't share in either case. Blended families are different. If you have children who aren't your spouse's, your spouse takes the first $75,000 plus half of the rest.

Anything that doesn't pass to a spouse goes in this order (Utah Code 75-2-103):

Your descendants.
Your parents equally, or the surviving parent.
Your parents' descendants: brothers, sisters, nieces and nephews.
Half to your father's side and half to your mother's side: grandparents or their descendants.
Descendants of a spouse who died before you.

Friends never appear on this list. A gift to a friend or a charity has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

How do I sign a will in Utah?

A will must be in writing, signed by you, and signed by at least two witnesses (Utah Code 75-2-502). A witness who inherits under the will doesn't make it invalid (Utah Code 75-2-505).

A handwritten will is valid, witnessed or not, if the signature and important parts are in your handwriting. Utah also has a forgiving rule: a document not signed properly can still count as a will if there is clear and convincing evidence you meant it to (Utah Code 75-2-503). A will can be made self-proved with sworn affidavits, so the witnesses aren't needed in court (Utah Code 75-2-504).

Who serves as personal representative?

Utah calls the executor a "personal representative." If more than one person wants the job, the law sets the order (Utah Code 75-3-203):

The person named in the will.
A surviving spouse who inherits under the will.
Other people who inherit under the will.
The surviving spouse.
Other heirs.
Any creditor, 45 days after death.

People in groups 2 through 6 may nominate someone else. A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Utah has no residency rule, so a daughter in Oregon can serve. The person must be at least 21 and not found unsuitable by the court.

Informal or formal probate: which one?

Utah follows the Uniform Probate Code, with two paths (Utah Code 75-3-301).

Informal probate is an application to the court's registrar, with no hearing. The registrar acts at least 10 days after the required notice, or 120 hours after death if everyone waives notice (Utah Code 75-3-302).

Formal probate is a court proceeding before a judge, the path when the informal route doesn't fit.

Informal probate or a formal testacy case generally must start within three years of death (Utah Code 75-3-107). Our post on the probate process walks through the steps, and how long probate takes covers timing.

How long do creditors have?

The personal representative may publish a notice once a week for three weeks. Creditors then have three months after the first publication to come forward (Utah Code 75-3-801).

Known creditors who get written notice have the later of 90 days from publication or 60 days from mailing. Debts from before death are barred at the earlier of one year after death or the notice deadline (Utah Code 75-3-803).

How much is the personal representative paid?

Utah says "reasonable compensation," with no percentage schedule (Utah Code 75-3-718). If the personal representative asks the court to approve a fee and nobody objects, the amount is treated as reasonable. If someone objects, the court decides. A personal representative may also turn down a fee set in the will before taking the job and take reasonable compensation instead. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, with a transfer-on-death deed. Utah adopted the Uniform Real Property Transfer on Death Act in 2018 (Utah Code 75-6-405).

What to know (Utah Code 75-6-409):

It must meet the rules for a recordable deed and say the transfer happens at your death.
It must be recorded with the county recorder before your death.
You can't leave it to a class, such as "my nieces." Name the people.
The statute includes optional deed and revocation forms.

A revocable living trust is the other common route. In Utah, a trust signed on or after May 1, 2004 is revocable unless it says it is irrevocable (Utah Code 75B-2-602). Our post on what a trustee does explains that role, and how to avoid probate compares the options.

Will my heirs owe Utah estate or inheritance tax?

No. Utah's inheritance tax ended after December 31, 2004, and Utah inheritance tax returns don't need to be filed (Utah State Tax Commission).

Which path fits your family?

Situation	Likely path in Utah
Estate subject to probate is $100,000 or less after liens	Small estate affidavit after 30 days
Estate no larger than allowances, funeral and last-illness costs	Summary administration
A house with a recorded transfer-on-death deed	Passes to the named person, no court case for the house
A house titled in a living trust	The trustee transfers it
A larger estate with no disputes	Informal probate
Objections or questions about the will	Formal probate

Here is a typical case, a composite. Margaret, 77, lived in Ogden. She had recorded a transfer-on-death deed naming her two nieces. Her accounts came to about $60,000. Thirty days after Margaret died, her older niece used the affidavit for the accounts, and the house passed under the deed.

Kinly members can name Trella Trust Company as executor or trustee in their documents, first or as backup to someone they choose. If it steps in and settles an estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Utah financial power of attorney guide and Utah medical power of attorney guide.

Common questions

What is the small estate limit in Utah?

The entire estate subject to probate, less liens, must be $100,000 or less. The family must wait 30 days after death, and no personal representative can be pending or appointed.

Does a surviving spouse inherit everything in Utah?

Only if there is no will and either there are no descendants or all of them are also the spouse's. If the person who died had children from another relationship, the spouse takes $75,000 plus half the rest.

Can someone who lives in another state be a personal representative in Utah?

Yes. Utah has no residency rule. The person must be at least 21 and not found unsuitable by the court.

Does Utah have a transfer-on-death deed?

Yes. The deed must be recorded with the county recorder before death, and the statute includes optional forms.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Utah: the rules, signing and who to namePower of attorney in Utah is durable by default, must be notarized, and banks must accept it within days. Here's how to sign one and choose your agent.State guidesMedical power of attorney in Utah: how it works, how to signMedical power of attorney in Utah under the 2026 law: one adult witness, no notary, who can't witness, health care instructions, and who decides by default.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.