How Do I Settle an Estate in Utah?
Settling an estate in Utah: the personal representative files the estate inventory within 90 daysUtah Code §§ 75-3-705, 75-3-706, 75-3-707Verified Sep 15, 2026View source of appointment; creditors have 3 monthsUtah Code §§ 75-3-801, 75-3-803, 75-3-805, 75-3-806Verified Oct 19, 2026View source to present claims; a simple estate closes in 4 months to 6 months.
Settling an estate in Utah means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 6 months to 12 months on average, and the creditor claim period of 3 monthsUtah Code § 75-3-801Verified Sep 8, 2026View source is the floor. In a probate case the inventory of estate assets is due within 90 daysUtah Code §§ 75-3-705, 75-3-706, 75-3-707Verified Sep 15, 2026View source of appointment.
Utah allows estates valued at $100,000Utah Code § 75-3-1201Verified Sep 8, 2026View source or less to use the Small Estate AffidavitUtah Code § 75-3-1201Verified Sep 8, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 30 daysUtah Code § 75-3-1201Verified Sep 8, 2026View source after death.
The creditor claim period of 3 monthsUtah Code §§ 75-3-801, 75-3-803, 75-3-805, 75-3-806Verified Oct 19, 2026View source runs from the first publication of the creditor notice, which follows the executor's appointment. Utah does not require newspaper publicationUtah Code §§ 75-3-801, 75-3-803, 75-3-805, 75-3-806Verified Oct 19, 2026View source. Every claim is barred 12 monthsUtah Code §§ 75-3-801, 75-3-803, 75-3-805, 75-3-806Verified Oct 19, 2026View source after death regardless of notice. Final distribution waits until the period has run.
Utah does not require a bond of the personal representative by defaultUtah Code § 75-3-603Verified Sep 8, 2026View source. A court can still order one. The bond protects beneficiaries and creditors against mismanagement by the personal representative. The Utah executor fee calculator covers what the role itself can charge.
In Utah, a simple estate typically settles in 4 months to 6 months, and an average estate in 6 months to 12 months. An estate with a dispute, a tax issue or an unusual asset runs longer.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreForms for Settling an Estate in Utah
Free forms for settling an estate in Utah: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Utah, creditors have 3 monthsUtah Code § 75-3-801Verified Sep 8, 2026View source from first publication to present claims.
Small Estate Affidavit
In Utah, the Small Estate AffidavitUtah Code § 75-3-1201Verified Sep 8, 2026View source covers estates valued at $100,000Utah Code § 75-3-1201Verified Sep 8, 2026View source or less, 30 daysUtah Code § 75-3-1201Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Utah, the personal representative files the estate inventory within 90 daysUtah Code §§ 75-3-705, 75-3-706, 75-3-707Verified Sep 15, 2026View source of appointment.
Estate Closing
In Utah, the personal representative is discharged automatically once the statutory period runsUtah Code §§ 75-3-1003(2), 75-3-1005Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Utah
Free tools for settling an estate in Utah: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Utah, certified death certificates come from the Utah Office of Vital Records and StatisticsUtah Office of Vital Records and StatisticsVerified Oct 15, 2026View source; the first copy costs $35Utah Office of Vital Records and StatisticsVerified Oct 15, 2026View source, additional copies $10Utah Office of Vital Records and StatisticsVerified Oct 15, 2026View source each.
Do I Need Probate?
In Utah, estates valued at $100,000Utah Code § 75-3-1201Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitUtah Code § 75-3-1201Verified Sep 8, 2026View source, 30 daysUtah Code § 75-3-1201Verified Sep 8, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
Utah requires a final state income tax return for the decedent alongside the federal Form 1040Utah Code Ann. § 59-10-104(2)(b) (Amended by Ch. 250, 2026 General Session / S.B. 60)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Do I Do When Someone Dies?
After a death in Utah, the estate either qualifies for the simplified procedure for estates under $100,000Utah Code § 75-3-1201Verified Sep 8, 2026View source or goes through probate, where creditors have 3 monthsUtah Code § 75-3-801Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Utah levies no estate or inheritance taxNo state estate, inheritance, or gift tax. Utah's pick-up inheritance tax (Utah Code Title 59, Chapter 11, Inheritance Tax Act) produced $0 for deaths after December 31, 2004 — it was measured by the IRC § 2011 state death tax credit, which EGTRRA phased out — and the entire chapter (§§ 59-11-101 through 59-11-115) was repealed outright effective May 6, 2026 by H.B. 77, 2026 General SessionVerified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Utah imposes no inheritance or estate taxNo state estate, inheritance, or gift tax. Utah's pick-up inheritance tax (Utah Code Title 59, Chapter 11, Inheritance Tax Act) produced $0 for deaths after December 31, 2004 — it was measured by the IRC § 2011 state death tax credit, which EGTRRA phased out — and the entire chapter (§§ 59-11-101 through 59-11-115) was repealed outright effective May 6, 2026 by H.B. 77, 2026 General SessionVerified Sep 15, 2026View source; probate assets arrive when the estate closes, 4 months to 6 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Utah take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates.
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Utah Estate Settlement Resources
In-depth guides covering Utah probate, estate administration, and settling an estate.