The Estate Planning Guide Est. 2026

How much does probate cost in Utah?

Published June 3, 2026 4 min read

Quick answer

Utah does not set probate fees by statute. As a Uniform Probate Code state, most estates qualify for informal probate, which keeps the process simple and inexpensive — attorney fees for a routine, uncontested estate typically run about $1,500 to $3,500 flat, plus roughly $375 in court filing fees.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Utah with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

The short answer

Utah does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.

Attorney fees

Not statutory. Utah Code §75-3-718 entitles both the personal representative and the attorney to 'reasonable compensation.' Attorneys typically charge a flat fee ($1,500–$3,500 for routine informal probate) or an hourly rate ($200–$400); the court may review fees for reasonableness.

Executor / personal representative fees

Utah Code §75-3-718 allows the personal representative reasonable compensation — there is no percentage schedule. A family member serving as personal representative often waives the fee.

What the fee is based on

Utah's Uniform Probate Code offers informal probate with light court supervision, which is the main reason costs stay low compared with statutory-fee states like California or New York.

Court filing fees

Approximately $375 to open a probate case in Utah district court (set by the Judicial Council fee schedule), plus a small newspaper charge to publish the notice to creditors.

Appraisal / probate referee

Not used. Utah does not appoint a state appraiser. The personal representative prepares an inventory and may hire appraisers for specific assets when needed (Utah Code §75-3-706).

How long probate takes in Utah

About 4 to 12 months for a routine informal probate; the estate generally cannot close until the 3-month creditor claim period has run. Contested estates, missing heirs, or real estate sales can extend that.

Creditor claim period

Creditors must present claims within 3 months after the first published notice to creditors, or be barred, under Utah Code §75-3-801. A separate 1-year ultimate cutoff measured from the date of death also applies under Utah Code §75-3-803. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

  • Small-estate procedure. Estates whose total value (less liens and encumbrances) does not exceed $100,000 and include no real property can be collected by a small-estate affidavit 30 days after death, with no court case, under Utah Code §75-3-1201 (threshold raised to $100,000 effective 2025).
  • Real-property shortcut. The small-estate affidavit covers personal property only; real property titled solely in the decedent's name is not transferred by affidavit and generally requires probate, a TOD deed, or a living trust.
  • Transfer-on-death deed. Utah authorizes a transfer-on-death deed for real estate under the Uniform Real Property Transfer on Death Act, Utah Code §75-6-401 et seq. (enacted 2018). An owner can record a TOD deed naming a beneficiary; the property passes to the beneficiary at death without probate, and the deed is freely revocable during life.
  • A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
  • Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
  • Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Do you need a lawyer?

For most Utah estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.

The honest takeaway

The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Utah’s small-estate thresholds, it’s worth talking to a licensed Utah estate attorney while you still have the option to plan.

This page explains Utah probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Utah courts or a licensed Utah attorney. Sources: Utah Code §75-3-718, Utah Code §75-3-801, Utah Code §75-3-803, Utah Code §75-3-1201, Utah Code §75-6-401 et seq…

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