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 charge a flat fee or an hourly rate; 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
$375 to open a probate case in Utah district court. The fee is set by statute, not by the Judicial Council: Utah Code §78A-2-301(1)(a) charges $375 for “any civil complaint or petition invoking the jurisdiction of a court of record not governed by another subsection,” which is the subsection a probate petition falls under. The version of §78A-2-301 effective 1 January 2027 keeps the same $375. Publishing the notice to creditors is a separate charge billed by the newspaper.
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
We found no published source for how long probate takes in Utah as of September 2026. No Utah court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Three months after the date of the first publication of the notice to creditors, which the personal representative "may publish" rather than must, under Utah Code §75-3-801(1)(a). A creditor given written notice by mail or other delivery has the later of 90 days from the published notice or 60 days from the mailing or delivery (§75-3-801(2)). Claims arising before death are barred at the earlier of one year after the decedent's death or the applicable §75-3-801 period (Utah Code §75-3-803).
Creditor claim period
Three months after the date of the first publication of the notice to creditors, which the personal representative "may publish" rather than must, under Utah Code §75-3-801(1)(a). A creditor given written notice by mail or other delivery has the later of 90 days from the published notice or 60 days from the mailing or delivery (§75-3-801(2)). Claims arising before death are barred at the earlier of one year after the decedent's death or the applicable §75-3-801 period (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. No transfer-on-death deed statute for real property was found in the Utah statutes, and no source publishing one is cited here. The Utah statutes could not be read at a primary source from the environment this page was checked in, and the only source previously cited for this field was a commercial reproduction of the code.
- 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.
Whether representation is required in Utah
Utah does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.
What the record shows
Probate cost in Utah is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.
Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Utah’s small-estate threshold, above, determines which estates can use the simplified procedure.
Frequently asked questions about probate cost in Utah
How much does probate cost in Utah?
Utah does not set probate fees by statute. As a Uniform Probate Code state, most estates qualify for informal probate. Utah Code §75-3-718 entitles both the personal representative and the attorney to reasonable compensation, and the filing fee for a civil petition not governed by another subsection is $375 (Utah Code §78A-2-301(1)(a)). We found no published source for what probate costs in total in Utah as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them.
What is the small-estate limit in Utah?
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).
Who pays the probate costs in Utah?
The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.
Can you avoid probate costs in Utah?
Utah administers estates under the Uniform Probate Code, including informal probate. The routes that pass property outside probate are beneficiary designations, joint ownership with right of survivorship for spouses, and a recorded transfer-on-death deed on the home. A trust operates on the assets retitled into it. Utah levies no state estate or inheritance tax.
How long does probate take in Utah?
We found no published source for how long probate takes in Utah as of September 2026. No Utah court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Three months after the date of the first publication of the notice to creditors, which the personal representative "may publish" rather than must, under Utah Code §75-3-801(1)(a). A creditor given written notice by mail or other delivery has the later of 90 days from the published notice or 60 days from the mailing or delivery (§75-3-801(2)). Claims arising before death are barred at the earlier of one year after the decedent's death or the applicable §75-3-801 period (Utah Code §75-3-803). The deadlines that run alongside it: How Long Does Probate Take in Utah?.
Related reading
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What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
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How to Avoid Probate in Utah — the state-specific avoidance playbook.
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How Long Does Probate Take in Utah? — the companion timeline guide for Utah.
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Will vs. Trust: How They Differ — the documented differences between the two instruments.
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Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.
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.