How Do I File for Probate in Utah?

Utah offers a small-estate or summary procedure that can transfer property without a full grant of Letters when the estate qualifies. Two tracks: INFORMAL (registrar, no hearing) is the default and is fully form-driven; FORMAL testacy/appointment (Utah Code 75-3-401, 75-3-402) is contested litigation decided after notice and hearing and is drafted to statute with no statewide fillable petition form. Utah Code 75-3-601: "Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of the office" — which is the Acceptance of Appointment (1008ES); the court then issues 1010ES (Letters Testamentary) with a will or 1009ES (Letters of Administration) without. Timing: no proceeding more than three years after death (75-3-107(1)), and the registrar may not order an informal appointment until 10 days after the 75-3-310 notice, or 120 hours after death if everyone entitled to notice has waived it in writing (75-3-307(1)). Venue is the county of the decedent's domicile at death, or (nonresident) any county where the decedent's property was located (75-3-201(1)). Small estates up to $100,000 (Utah Code 75-3-1201) use a collection-by-affidavit presented to third parties, not the court, and never produce Letters; it cannot transfer real property.

Utah District Court handles decedents' estates in Utah. District court issues Letters Testamentary or Letters of Administration after the court grants the petition.

Letters Testamentary are issued when there is a will (to the executor); Letters of Administration are issued when there is no will (to an administrator). They give the personal representative authority to act for the estate.