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Home→Tools→Trust Need Assessment→Utah

Do I Need a Trust in Utah?

Find out if a revocable living trust makes sense in Utah based on your estate value, property, and family situation. Free assessment with probate cost estimates.

Frequently Asked Questions

It depends on your estate size. Utah allows simplified probate for estates under $100,000.Utah Code § 75-1-110 (CPI cost-of-living adjustments), § 75-3-718 (compensation), § 75-3-1201 (small estate affidavit; amended 2025 Ch.123 eff. 5/7/2025), § 75-3-1203 (summary admin formula), § 75-3-801 (notice to creditors / 3-month claim bar), § 75-3-603 (bond), § 75-3-301 (informal probate), § 75-3-501 (unsupervised admin), § 75-3-705 (inventory), § 75-2-402 (homestead allowance — 2026 CPI: $33,700; base $22,500), § 75-2-403 (exempt property — 2026 CPI: $22,500; base $15,000), § 75-2-404 (family allowance — reasonable amount), § 75-2-405 (PR family-allowance determination cap — 2026 CPI: $40,500 lump-sum / $2,250 per month; base $27,000 / $2,250), § 78A-2-301(1)(a)+(1)(r) (filing + accounting fees); le.utah.gov; utcourts.gov/en/about/miscellaneous/legal-community/price.html (Estate CPI table); utcourts.gov/en/self-help/categories/probate; utcourts.gov Filing/Record Fees (eff. 7/1/2023); re-verified 2026-05-27 against le.utah.gov and utcourts.gov primary sourcesVerified May 27, 2026 Above that threshold, probate takes 4-6 months and costs 3-8% of the estate. A trust avoids probate entirely.

Utah uses reasonable compensation for probate fees, typically 2-4% of the estate value for attorney fees alone.Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified May 27, 2026 A trust avoids probate costs entirely. See a detailed breakdown with the Utah probate calculator.

Estates with personal property under $100,000 may qualify for Small Estate Affidavit in Utah.Utah Code § 75-1-110 (CPI cost-of-living adjustments), § 75-3-718 (compensation), § 75-3-1201 (small estate affidavit; amended 2025 Ch.123 eff. 5/7/2025), § 75-3-1203 (summary admin formula), § 75-3-801 (notice to creditors / 3-month claim bar), § 75-3-603 (bond), § 75-3-301 (informal probate), § 75-3-501 (unsupervised admin), § 75-3-705 (inventory), § 75-2-402 (homestead allowance — 2026 CPI: $33,700; base $22,500), § 75-2-403 (exempt property — 2026 CPI: $22,500; base $15,000), § 75-2-404 (family allowance — reasonable amount), § 75-2-405 (PR family-allowance determination cap — 2026 CPI: $40,500 lump-sum / $2,250 per month; base $27,000 / $2,250), § 78A-2-301(1)(a)+(1)(r) (filing + accounting fees); le.utah.gov; utcourts.gov/en/about/miscellaneous/legal-community/price.html (Estate CPI table); utcourts.gov/en/self-help/categories/probate; utcourts.gov Filing/Record Fees (eff. 7/1/2023); re-verified 2026-05-27 against le.utah.gov and utcourts.gov primary sourcesVerified May 27, 2026 This process is faster and less expensive than full probate, but a trust still avoids it entirely.

Simple estates in Utah typically take 4-6 months through probate. Complex estates with disputes or multiple properties can take 12-24 months or longer.Utah Code § 75-1-110 (CPI cost-of-living adjustments), § 75-3-718 (compensation), § 75-3-1201 (small estate affidavit; amended 2025 Ch.123 eff. 5/7/2025), § 75-3-1203 (summary admin formula), § 75-3-801 (notice to creditors / 3-month claim bar), § 75-3-603 (bond), § 75-3-301 (informal probate), § 75-3-501 (unsupervised admin), § 75-3-705 (inventory), § 75-2-402 (homestead allowance — 2026 CPI: $33,700; base $22,500), § 75-2-403 (exempt property — 2026 CPI: $22,500; base $15,000), § 75-2-404 (family allowance — reasonable amount), § 75-2-405 (PR family-allowance determination cap — 2026 CPI: $40,500 lump-sum / $2,250 per month; base $27,000 / $2,250), § 78A-2-301(1)(a)+(1)(r) (filing + accounting fees); le.utah.gov; utcourts.gov/en/about/miscellaneous/legal-community/price.html (Estate CPI table); utcourts.gov/en/self-help/categories/probate; utcourts.gov Filing/Record Fees (eff. 7/1/2023); re-verified 2026-05-27 against le.utah.gov and utcourts.gov primary sourcesVerified May 27, 2026 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

A properly funded revocable trust in Utah avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 4-6 month minimum probate timeline. Assets in the trust transfer directly to beneficiaries.

A will goes through probate in Utah; a trust does not. Probate adds cost, time, and public disclosure. Compare the full trade-offs with the Utah trust vs. will comparison.

The Utah probate calculator estimates attorney fees, executor fees, court costs, and the probate timeline based on Utah statutes and your estate value.Utah Code § 75-1-110 (CPI cost-of-living adjustments), § 75-3-718 (compensation), § 75-3-1201 (small estate affidavit; amended 2025 Ch.123 eff. 5/7/2025), § 75-3-1203 (summary admin formula), § 75-3-801 (notice to creditors / 3-month claim bar), § 75-3-603 (bond), § 75-3-301 (informal probate), § 75-3-501 (unsupervised admin), § 75-3-705 (inventory), § 75-2-402 (homestead allowance — 2026 CPI: $33,700; base $22,500), § 75-2-403 (exempt property — 2026 CPI: $22,500; base $15,000), § 75-2-404 (family allowance — reasonable amount), § 75-2-405 (PR family-allowance determination cap — 2026 CPI: $40,500 lump-sum / $2,250 per month; base $27,000 / $2,250), § 78A-2-301(1)(a)+(1)(r) (filing + accounting fees); le.utah.gov; utcourts.gov/en/about/miscellaneous/legal-community/price.html (Estate CPI table); utcourts.gov/en/self-help/categories/probate; utcourts.gov Filing/Record Fees (eff. 7/1/2023); re-verified 2026-05-27 against le.utah.gov and utcourts.gov primary sourcesVerified May 27, 2026

Do You Need a Trust in Utah?

Attorney fees in Utah are based on reasonable compensation, typically 2%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified May 27, 2026 to 4%Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)Verified May 27, 2026 of the estate. There's room to negotiate, but the cost still comes out of the estate. A trust avoids these fees entirely, regardless of estate size — see the calculator for Utah-specific numbers via the probate calculator.

Utah's small-estate cutoff is $100,000§ 75-3-1201Verified May 27, 2026. Below it, probate is short and a trust is overkill for most families. Above it, the trust math gets real — probate fees scale with estate size and the process is public.

When a trust is the better fit, the Utah revocable trust builder creates the document with state-specific signing language. The trust or will tool shows how each path actually plays out.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • § 75-3-1201
  • Utah Code § 75-3-718 (reasonable compensation; no statutory percentage)

Data sourced from Utah statutes and official state code. How we research.

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Utah Estate Planning Resources

In-depth guides covering Utah probate laws, trust requirements, and estate planning strategies.

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Include real estate, savings, investments, and other assets.

Do you need a revocable trust?

Answer a few questions to see how people in similar situations typically plan, based on your state's laws.

Without a trust — assets go through probate court

With a trust — assets transfer privately, no court

This tool provides general information and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

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