What to Do When Someone Dies in Emery County, Utah

How probate works in Emery County: the District Court record, what the process costs, and how to file there.

Probate Court Record

Emery County District Court

Emery County · 7th Judicial District

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

1850 North Des Bee Dove Road, Castle Dale, UT 84513

Filing in person

Walk-ins accepted

Self-represented filing

Allowed

Self-help forms

E-filing

Required for attorneysAttorneys and licensed paralegal practitioners must e-file every pleading and paper in a probate case. A self-represented party may file by email, by mail or in person instead, and the courts' MyCase portal does not take probate filings. On paper: Self-represented parties may file by email, mail or in person; A Demand for Notice may be filed on paper when no probate case exists yet; Paper wills may be submitted for safekeeping; Documents in sealed cases are filed on paper.

Filing in person

Walk-ins acceptedThe clerk's office takes papers in person during business hours. A filer must be at the counter before the office closes, and some courts stop taking filings shortly before closing.

Self-represented filing

AllowedAnyone may file a probate case in Utah without a lawyer. A self-represented filer delivers papers to the clerk's office, mails them, or emails them to the court's filing address. A mailed filing includes a check for the filing fee; for an emailed filing the court sends instructions on how to pay.

Accepted payment

  • At the counterCash, Check, Money order, Credit card, Debit card.The Seventh District takes payments by cash, card, check or money order until 4:30 p.m. each business day. After 4:30 p.m., district court payments are made online with the case number.

Self-help center

  • Self-help service1-888-683-0009 · selfhelp@utcourts.gov · Monday-Friday 11:00 AM-5:00 PM · Assistance in Spanish in addition to EnglishThe statewide Self-Help Center serves every Utah county by phone, email and text. Its staff attorneys answer questions about the law and court process and help with court forms; they do not give legal advice or represent anyone in court. The text line is 801-742-1898.

Verified October 16, 2026 · Source

How Probate Works in Emery County

Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Emery County, probate runs through the District Court at 1850 North Des Bee Dove Road, Castle Dale. The court sits in the 7th Judicial District. The same 7th Judicial District also serves Carbon, Grand and San Juan.

The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Utah intestacy law when there is no will.

Most Utah estates take 6 months to 12 months to move through this process. Creditors have 3 monthsUtah Code §§ 75-3-801, 75-3-803, 75-3-805, 75-3-806Verified Oct 19, 2026View source to present a claim, counted from the first publication of the notice to creditors.

What Probate Costs in Emery County

What probate costs in Emery County, Utah comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the District Court at 1850 North Des Bee Dove Road, Castle Dale. The court is part of the 7th Judicial District.

Procedures at this court that affect cost: No fee for a zero-value annual accounting.

Utah charges $375Utah Code § 78A-2-301(1)(a)Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Utah are negotiated, typically 2.2%Modeled estimate under Utah Code § 75-3-718 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Utah Code § 75-3-718 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Utah allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payUtah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Probate in Utah typically runs 6 months to 12 months, and costs accrue throughout that period.

How to File Probate at the District Court

Probate cases in Emery County, Utah are filed at the District Court. The court sits in the 7th Judicial District.

The statewide Self-Help Center serves every Utah county by phone, email and text. Its staff attorneys answer questions about the law and court process and help with court forms; they do not give legal advice or represent anyone in court. The text line is 801-742-1898.

Can You File Without an Attorney?

Utah has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableUtah Code § 75-3-301Verified Sep 8, 2026View source.

For a full cost comparison and filing checklist, see the Emery County Self-Filing Assessment.

What to Bring

Filed with the opening petition at the District Court: Official death certificate, submitted with the probate paperwork (Utah Courts instruction — not a statutory requirement); The will and any codicils (where there is a will): the original held by the court, or a copy filed while the applicant keeps the original (Utah Code 75-3-301(3)(a)); Utah District Court Cover Sheet for Probate Actions (1158XX); Acceptance of Appointment as Personal Representative (1008ES) — required before Letters issue (Utah Code 75-3-601); Waiver of Notice (1003ES) and, from a person with equal or higher priority, Renunciation or Nomination (1004ES)Utah Code 75-3-301 (informal application to registrar); 75-3-401, 75-3-402 (formal testacy & appointment petition); 75-3-103, 75-3-601 (qualification & Letters)Verified Aug 24, 2026View source.

Death Certificates and the Medical Examiner in Emery County

In Utah a death is registered locally, and in Emery County certified copies of the death certificate are issued by Southeast Utah Health Department, Castle Dale Office, Emery County as well as by Utah Office of Vital Records and Statistics.

Vital Records Office Record

Local Health Department

Emery County · Southeast Utah Health Department, Castle Dale Office

Hours

Monday 8:30 AM-noon and 1:00 PM-4:30 PM; Tuesday-Thursday 8:00 AM-noon and 1:00 PM-4:30 PM

Office

25 West Main Street, Castle Dale, UT 84513

Certified copies

At the counter

Mail

P.O. Box 644 Castle Dale, UT 84513

Fax

1-435-381-5635

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

State Medical Examiner

Emery County · Office of the Medical Examiner

Hours

Monday-Friday 8:00 AM-5:00 PM

Office

4451 South 2700 West, Taylorsville, UT 84129

Serves this county

Utah Office of the Medical Examiner

Mail and offices

Fax

1-801-964-1240

Verified November 2, 2026 · Source

Transferring Property in Emery County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.

Deeds and other real property documents for Emery County are recorded with the County Recorder at 75 East Main Street, Room 104, Castle Dale, UT 84513. Phone: 1-435-381-3520. Hours: Monday-Friday 8:30 AM-5:00 PM.

Documents submitted by mail go to P.O. Box 698, Castle Dale, UT 84513.

The County Recorder charges $45 flat, regardless of page count.

Emery County accepts electronic recording.

Recording Office Record

County Recorder

Emery County

Hours

Monday-Friday 8:30 AM-5:00 PM

Office

75 East Main Street, Room 104, Castle Dale, UT 84513

E-recording

available

Mail

P.O. Box 698 Castle Dale, UT 84513

Fax

1-435-381-2614

Verified October 17, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Emery County

Utah allows informal probate, so many families settle straightforward estates in Emery County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in Utah are based on reasonable compensation, billed hourly or as a flat fee. Ask an Emery County firm to quote a structure up front.

A probate attorney files the petition with the District Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.

Solo PracticeProvo, UT

Legacy Bridge Legal

Serves 29 counties

Provo estate planning practice of attorney Marne Pehrson, with offices in Lehi, Sandy, Salt Lake City, Park City and Heber City, serving Duchesne, Uintah and Daggett counties through virtual meetings and in-person appointments. Drafts wills and trust-based estate plans for parents and homeowners, including guardian nominations for minor children, at flat fees set at the first planning meeting.

PracticesEstate Planning

Office
412 W. Rivers Edge DriveProvo, UT 84604
Free consultationVirtual consultations

FirmDraper, UT

Legacy Peak Estate Planning Law by Cutler | Riley

Serves the whole state

Draper estate planning firm with a second office in Kaysville, working with clients throughout Utah. Handles uncontested informal probate for a $2,000 flat attorney fee plus court filing fees, preparing the paperwork to appoint a personal representative; the firm does not take contested probate, will challenges, or inheritance disputes. Also prepares flat-fee will- and trust-based estate plans.

PracticesEstate PlanningProbateSpecial Needs PlanningAsset Protection

Office
11681 S 700 E, Suite 150Draper, UT 84020
Free consultationVirtual consultations

FirmProvo, UT

Fillmore Spencer LLC

Serves the whole state

Provo firm of about 20 attorneys serving Utah Valley, with offices in Murray, St. George, and Gilbert, Arizona. Assists executors and administrators through probate, helps trustees meet their deadlines and fiduciary duties, defends trust administrators in litigation, and handles guardianships, conservatorships, Medicaid planning, and elder abuse matters.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 9 more

Office
3301 North University AvenueProvo, UT 84604
Free consultation

FirmLogan, UT

Harris, Preston & Chambers, LLP

Since 1910 · Serves the whole state

Logan firm that has served Cache Valley since 1910 and practices across Northern Utah, with members who have served as county attorneys in Cache and Rich counties. Its estate and tax planning practice prepares wills, probate avoidance trusts, life insurance trusts, defective grantor trusts and irrevocable trusts, and advises on the tax consequences of a plan and on who will administer the estate.

PracticesEstate PlanningTax PlanningBusiness LawPersonal InjuryReal Estate

Office
31 Federal AveLogan, UT 84321

FirmLogan, UT

Hillyard, Anderson & Olsen, P.C.

Serves the whole state

Logan firm that has represented Cache Valley and clients across Utah since the 1960s, with attorneys also licensed in Idaho. Opens probate and intestate administration for personal representatives, petitions to determine heirs, and litigates will contests and executor disputes over capacity, undue influence and breach of fiduciary duty.

PracticesEstate PlanningProbateProbate LitigationTax Planningand 5 more

Office
595 S Riverwood Pkwy, Suite 100Logan, UT 84321
Free consultation

FirmSouth Jordan, UT

Pearson Butler

Serves the whole state

Multi-practice South Jordan firm that serves all of Utah, with appointment-only offices in Farmington and Lehi. Represents personal representatives, beneficiaries and heirs in Utah probate proceedings, handles trust administration, and litigates probate and trust disputes including undue influence, fraud and breach of fiduciary duty claims. Also handles special needs and Medicaid trust planning.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 7 more

Office
1802 South Jordan Pkwy, Suite 200South Jordan, UT 84095
See all 8 firms serving Emery County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

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Data sourced from Utah statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

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 taxes. Run each tool for Utah.

How Do I Settle an Estate?

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.

See the Steps

How Do I Settle a Trust?

Settling a trust in Utah happens outside court: the trustee acts under the state's Uniform Trust CodeUtah Code Title 75B, Chapter 2 (Uniform Trust Code)Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysUtah Code § 75B-2-811 (formerly § 75-7-811; renumbered eff. 5/7/2025)Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

Utah has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableUtah Code § 75-3-301Verified Sep 8, 2026View source.

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