What is the small estate limit in Utah?

Utah allows a Small Estate Affidavit for estates with personal property valued at $100,000 or less (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 sources). There is a 30-day waiting period after the date of death before this procedure can be used.

What is the probate timeline in Utah?

In Utah, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes or unusual assets 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 sources).

When Is Probate Required in Utah?

Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.

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Find out if you need probate

Answer a few questions about the estate to see if probate is required or if simplified procedures apply.

Small estates may avoid probate entirely

Trusts pass assets without court involvement

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

Frequently Asked Questions

Utah allows a Small Estate Affidavit for estates with personal property valued at $100,000 or less. There is a 30-day waiting period after the date of death before this procedure can be used.

Real estate in Utah generally requires probate to transfer ownership unless it was held in a trust, owned jointly with right of survivorship, or had a transfer-on-death deed recorded (if available in the state). A revocable living trust outlines alternatives to probate for real estate.

In Utah, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.

In Utah, simple estates typically take 4-6 months. Average estates take 6-12 months. Complex estates with disputes or unusual assets can take 12-24 months or longer. Estimate total costs with the Utah probate calculator.

Probate costs in Utah typically include attorney fees, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $29,194 depending on complexity. Use the Utah probate cost calculator for a detailed estimate.

The most common ways to avoid probate in Utah include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.

Probate Requirements in Utah

Utah allows estates valued under $100,000 to use a Small Estate Affidavit, bypassing formal probate entirely. After a 30 days waiting period, heirs can collect assets without opening a probate case.

Full probate in Utah runs 4 months to 6 months for straightforward estates. Contested estates or those with real property in multiple states face longer timelines. Estimate the total cost with the Utah probate calculator.

A revocable living trust bypasses probate in Utah. Assets transferred into the trust during the grantor's lifetime pass directly to beneficiaries without court involvement. The trust vs. will comparison outlines the trade-offs.