What to Do When Someone Dies in Wayne County, Utah
Probate in Wayne County runs through the District Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Wayne County, settling their estate runs through the District Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
District Court
Wayne County · 6th Judicial District
Address
18 S MainLoa, UT 84747Mailing: PO Box 189, Loa, UT 84747-0189
Phone
Fax
435-836-2479
Hours
Monday - Friday, 8:00 AM - 5:00 PM
Paper filing availableE-filing required for attorneysSelf-filing allowed
County clerk manages district court staff and facilities due to low case volume.
Verified July 5, 2026 · Source
How Probate Works in Wayne 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 Wayne County, probate runs through the District Court at 18 S Main, Loa. The court sits in the 6th Judicial District. The same 6th Judicial District also serves Garfield, Kane, Piute, Sanpete and Sevier.
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 monthsUtah Code § 75-1-110Verified Jul 14, 2026View source to 12 monthsUtah Code § 75-1-110Verified Jul 14, 2026View source to move through this process. The 3 monthsUtah Code § 75-3-801Verified Jul 14, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Wayne County
What probate costs in Wayne 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 18 S Main, Loa. The court is part of the 6th Judicial District.
Wayne County runs a probate self-help center (Monday - Friday, 11:00 AM - 5:00 PM), which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case. Call 888-683-0009.
Utah charges $375Utah Code § 78A-2-301(1)(a)Verified Jul 14, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the District Court (https://www.utcourts.gov/en/legal-help/legal-help/procedures/filing/efiling/district.html). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Utah are negotiated, typically 2.2%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source to 3.5%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source to 4%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source of estate value, based on reasonable pay for time and effort. 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 monthsUtah Code § 75-1-110Verified Jul 14, 2026View source to 12 monthsUtah Code § 75-1-110Verified Jul 14, 2026View source, and costs accrue throughout. The 3 monthsUtah Code § 75-3-801Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the District Court
If you're handling probate yourself in Wayne County, Utah, you can file at the District Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 6th Judicial District.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Wayne County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the District Court is realistic. Wayne County has a self-help center that assists people filing without an attorney.
For a full cost comparison and filing checklist, see the Wayne County Self-Filing Assessment.
What to Bring
To file at the District Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Wayne County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Recorder.
Recording Office Record
County Recorder
Wayne County
Address
18 South Main StreetLoa, UT 84747Mailing: PO Box 189, Loa, UT 84747
Phone
Hours
Monday - Friday, 8:00 AM - 5:00 PM
E-recording
Available
Recording fees
| Flat fee (any length) | $45 |
$45 per document as of May 6, 2026: the $40 statutory base (Utah Code 17-71-407(3)(a)(i)) plus the $5 surcharge that counties of the second through sixth class shall charge under 17-71-407(3)(b), enacted by H.B. 38 (2026 General Session). Flat fee per document — Utah has NO per-page recording fee, regardless of page count. If an instrument contains more than 10 descriptions, $2 for each additional description (Utah Code 17-71-407(3)(a)(ii)(B)). A county recorder may not charge more than one recording fee per instrument, regardless of multiple descriptive titles or attachments (17-71-407(6)). Utah imposes no state or local real estate transfer tax.
Utah Code 17-71-407 (formerly 17-21-18.5)
Courthouse closed for lunch 12:30 PM - 1:00 PM. Recording fee stated per Utah Code 17-71-407(3) (the $40 base plus the $5 surcharge second- through sixth-class counties shall charge, effective 5/6/2026); the county-published fee schedule could not be read from a live source on 2026-07-14, so the amount is not independently confirmed against the county.
Verified March 22, 2026 · Source
Probate Attorneys Serving Wayne County
Utah allows informal probate, so many families settle straightforward estates in Wayne 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 — typically 2.2%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source to 3.5%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Wayne 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.
Statewide Practices
Cutler | Riley Law
FirmDraper-based firm (second office in Kaysville) focused exclusively on estate planning for Utah individuals and families. Drafts wills, trusts, powers of attorney, and healthcare directives, with asset protection planning and limited informal probate. Flat-fee pricing with a typical 7-10 day turnaround; recognized in the Best of SLC awards 2020-2025.
Location
11681 S 700 E, Suite 150Draper, UT 84020
Phone
(801) 823-0010
Service Area
Statewide
Estate PlanningWillsTrustsAsset ProtectionProbatePowers Of AttorneyHealthcare Directives
Free consultationVisit site
Dentons Durham Jones Pinegar, P.C.
FirmNearly 100-attorney firm combined with Dentons, the world's largest law firm. Dedicated estate planning and probate team with offices in Salt Lake City, Lehi, Ogden, and St. George providing statewide coverage.
Location
111 South Main Street, Suite 2400Salt Lake City, UT 84111
Phone
(801) 415-3000
Established
1991
Service Area
Statewide
Estate PlanningProbateTrust AdministrationEstate LitigationTax PlanningBusiness LawGuardianship
Visit site
Kirton McConkie
FirmSalt Lake City headquartered firm whose Tax and Estate Planning group serves clients across Utah and Idaho from five regional offices. Handles wealth transfer and trust planning for estates of all sizes, including blended-family and second-marriage planning and special needs beneficiary trusts. One of Utah's largest firms, with 160+ attorneys and Legal 500 recognition (2026).
Location
50 E South Temple, Suite 400Salt Lake City, UT 84111
Phone
(801) 328-3600
Service Area
Statewide
Estate PlanningProbateTrust AdministrationElder LawSpecial Needs PlanningTax PlanningGuardianshipConservatorship
Visit site
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.
Legal Sources
- Utah Code § 75-1-110
- Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)
- Utah Code § 75-3-801
- Utah Code § 78A-2-301(1)(a)
Data sourced from Utah statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the District Court in Wayne County, attaching the original will (if any), the death certificate, and the filing fee ($375). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $29,194 statewide in Utah. For Wayne County, that means filing fees ($375 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The District Court in Wayne County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Utah self-filing assessment scores whether this estate can be handled without one.
A simple Utah probate typically closes in 4–6 months; average estates run 6–12 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Wayne County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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