When Is Probate Required in Utah?
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.
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.
Real property cannot be transferred through this procedure in Utah — an estate that includes real estate uses a separate process. Real estate held in a trust, or otherwise titled to pass outside the probate estate, transfers without probate. A transfer-on-death deed recorded before death also passes real estate outside probateUtah Code 75-6-401 to 75-6-419Verified Oct 17, 2026View source in Utah. The Utah trust vs. will comparison sets the two routes side by side.
In Utah, the assets that pass outside probate are property held in a living trust, accounts with a named beneficiary (retirement accounts, life insurance, payable-on-death bank accounts), real estate with a recorded transfer-on-death deedUtah Code 75-6-401 to 75-6-419Verified Oct 17, 2026View source, and property owned jointly with right of survivorship. Everything the decedent owned alone, with no beneficiary named, is the probate estate.
In Utah, a simple estate typically takes 4 months to 6 months through probate, and an average estate 6 months to 12 months. An estate with a dispute, real estate in another state or an unusual asset runs longer. The creditor claim period of 3 monthsUtah Code § 75-3-801Verified Sep 8, 2026View source sets the floor: final distribution waits for it to run.
The common ways to avoid probate in Utah are a funded revocable living trust, beneficiary designations on accounts, recording a transfer-on-death deed for real estateUtah Code 75-6-401 to 75-6-419Verified Oct 17, 2026View source, and titling property as joint tenants with right of survivorship. A trust covers every asset titled to it in one document; the other routes work asset by asset.
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Death of a Parent
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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 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.
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.
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.