For most Tooele County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Tooele County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the District Court. The two tools that keep a Tooele County home out of probate are a transfer-on-death deed recorded with the County Recorder, and a revocable living trust that holds title to the property.
Without a recorded beneficiary designation or a trust, Tooele County property passes through the District Court — even simple Utah probates run 4+ months and start with $375 in filing fees.
A transfer on death deed names a beneficiary who receives Tooele County property automatically at the owner's death, without probate. It is recorded with the County Recorder during the owner's lifetime and can be revoked at any time.
Before recording, an Utah transfer on death deed is signed with notary acknowledgmentUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source.
Deeds and other real property documents for Tooele County are recorded with the County Recorder at 47 South Main Street, Tooele, UT 84074. Phone: 1-435-843-3180. Hours: Monday-Friday 8:00 AM-5:00 PM.
The County Recorder charges $45 flat, regardless of page count. Recording a 2-page transfer on death deed in Tooele County comes to $45. No transfer tax applies to a transfer on death deed.
Tooele County accepts electronic recording through Tyler Portico.
Recording Office Record
Tooele County
Phone
Hours
Office
Website
E-recording
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Recording fees
| Flat fee (any length) | $45 |
| Transfer tax on a TOD deed | No transfer tax applies to TOD deeds |
Utah Code 17-71-407 (formerly 17-21-18.5)
Verified October 17, 2026 · Source
Solo PracticeTooele, UT
Tooele estate planning practice of founder Bryan Cowley, serving Tooele, Grantsville, Stansbury Park and Stockton. Handles trust administration alongside revocable living trusts, wills, powers of attorney and healthcare directives. Consultations are offered in person, online or by telephone.
PracticesEstate PlanningTrust Administration
FirmSalt Lake City, UT
Salt Lake City firm, founded in 2004, serving Salt Lake, Utah, Davis, Weber, Summit and Tooele Counties. Guides personal representatives through opening the case, notice to heirs and creditors, creditor claims and final distribution, files the necessary tax returns, and litigates will challenges and other probate disputes. The firm practices mainly family law alongside its estate work.
PracticesEstate PlanningTrust AdministrationProbateProbate LitigationFamily Law
Solo PracticeProvo, UT
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
Solo PracticeBrigham City, UT
Brigham City practice of attorney Zenock Bishop in Box Elder County, with a second office in Layton. Handles probate from the opening petition through notice to heirs and creditors, and litigates will contests, trust disputes, and contested probate, alongside guardianships, conservatorships, and special needs trusts. Offers 20% off to first responders, military members, and veterans.
PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 4 more
FirmPark City, UT
Estate planning firm with offices in Park City and Cottonwood Heights, serving Summit County and the Salt Lake Valley. Assists trustees and personal representatives after a death, with or without a trust: asset inventory and valuation, re-titling, qualified disclaimers, Form 706 filings and distribution. Works with blended families, special-needs children and noncitizen family members.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more
Lehi estate planning group of Parsons Behle & Latimer, with a second office in downtown Salt Lake City, serving Utah and Salt Lake counties. Guides successor trustees through trust administration and personal representatives through probate, alongside wills, trusts, asset protection, and tax planning. Marianne Ludlow has chaired the Utah State Bar Estate Planning Section.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 2 more
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.
Data sourced from Utah statutes and official state code. How we research.
Free forms for planning your estate in Utah: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Utah.
In Utah, a will is signed before 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyUtah Code § 75-2-502Verified Oct 19, 2026View source.
In Utah, a codicil is signed before 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyUtah Code § 75-2-504Verified Oct 25, 2026View source.
Utah requires 1Utah Code § 75A-9-110 (formerly § 75A-3-303)Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not requiredUtah Code § 75A-9-110 (formerly § 75A-3-303)Verified Oct 15, 2026View source.
In Utah, a HIPAA release names who may receive your records; the state regulates HIV/AIDS-related information, mental health records and substance abuse treatment recordsUtah Code § 26B-7-217(1), (2)(a) (Renumbered & Amended by Ch. 308, 2023 Gen. Sess.); Utah Code § 58-60-114(1) (Amended by Ch. 329, 2023 Gen. Sess.); Utah Code § 62A-15-707(1) (Renumbered 5/3/2023)Verified Jun 19, 2026View source above the federal rule, and the document carries each rule.
Utah treats a power of attorney as durable by defaultUtah Code § 75A-2-105Verified Sep 20, 2026View source, and it is signed before a notaryUtah Code § 75A-2-105Verified Sep 20, 2026View source.
In Utah, a transfer on death deed is signed before a notaryUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source, then recorded with the county before the owner's deathUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source. Utah does not recognize a Lady Bird deed.
In Utah, the living will is the Advance Health Care DirectiveUtah Code Title 75A, Ch. 9 (Uniform Health Care Decisions Act), §§ 75A-9-101 to 75A-9-129 (S.B. 134, 2025 General Session, effective January 1, 2026)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.
In Utah, a pour-over will is signed before 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Free tools for planning your estate in Utah: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Utah and read its answer.
In Utah, a will is signed before 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses, and notarization is not requiredUtah Code § 75-2-502Verified Oct 19, 2026View source.
Utah recognizes a will signed under the law of the place where it was signedUtah Code § 75-2-506Verified Oct 19, 2026View source; a will signed in Utah itself needs 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses, and notarization is not requiredUtah Code § 75-2-502Verified Oct 19, 2026View source.
In Utah, a will-based plan pays probate attorney fees of 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 the estate; a funded revocable trust keeps those assets out of probate and off that fee.
An attorney-prepared revocable living trust in Utah runs $3,580Estimate: 10 hours at $358, Clio's Utah Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,370Estimate: 15 hours at $358, Clio's Utah Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
An attorney-prepared will in Utah runs $1,167Estimate: 3 hours at $389, Clio's Utah Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,334Estimate: 6 hours at $389, Clio's Utah Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,719Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
In Utah, a parent names a guardian for a minor child in a will or a separate signed writingUtah Code §§ 75-5-202, 75-5-202.5, 75-5-203, 75-5-204Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18Utah Code § 15-2-1Verified Sep 16, 2026View source.
Probate in Utah takes 4 months to 6 months for a simple estate and charges attorney fees of 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 the estate; assets held in a revocable trust skip both.
Estate planning articles for Utah.
Estate planning articles for Utah.
