How Much Does Probate Cost in Utah? Court Fees, Attorney and Executor Pay, and Ways to Spend Less
General information, not legal advice. Read the full disclaimer.
Short answer: Utah doesn't set probate fees by percentage. The main costs are the court filing fee (ask the clerk for the current amount), the cost of publishing the notice to creditors in a newspaper (once a week for three successive weeks), certified copies, any attorney's fees, and compensation for the personal representative. Under Utah Code § 75-3-718, a personal representative and an attorney are each entitled to reasonable compensation for their services, and if no interested person objects to the amount requested in a petition, the court treats the amount sought as reasonable. A personal representative can renounce their fee, and many family members do. For estates of $100,000 or less, a small estate affidavit avoids a probate case entirely.
Who this guide is for
Utah families trying to estimate what probate will cost and how to keep it low.
The main cost categories
| Cost | What to know |
|---|---|
| Court filing fee | Paid when you open the case. The amount is set by the court's fee schedule; confirm the current fee with the district court clerk or the court's website. Fee waivers may be available for people with low income. See Utah Court Fee Waiver |
| Notice to creditors | A personal representative may publish a notice once a week for three successive weeks in a newspaper of general circulation in the county (and on the state public notice site), giving creditors three months from first publication to present claims (§ 75-3-801). Newspaper prices vary by county |
| Certified copies of the death certificate and letters | Banks, title companies and agencies often ask for several |
| Attorney's fees | The statute requires reasonable compensation (§ 75-3-718); there is no statutory percentage. Fees can be hourly, flat or limited-scope; ask for a written fee agreement |
| Personal representative's pay | Also reasonable compensation; the will may set a fee, and a representative may renounce it in whole or part with a written renunciation filed with the court |
| Appraisals, accountants, real estate costs | Depend on the estate's assets |
| Disputes | In contested cases the court may award costs and attorney fees "as justice and equity may require" (§ 75-3-719) |
How compensation is approved
If a petition seeks approval of the personal representative's or attorney's compensation and nobody objects, reasonable compensation is the amount sought in the petition. If an interested person objects, the court decides what is reasonable based on the quality, quantity and value of the services and the circumstances, including the practice for similar fiduciaries. The petitioner must mail or hand-deliver a copy of the petition to all interested persons at least 10 days before the hearing (§ 75-3-718). That's how heirs can check fees.
Ways to cut probate costs
- Skip probate when you can. If the estate subject to administration is $100,000 or less after liens, 30 days have passed and no one has applied to be personal representative, use a small estate affidavit. See Small Estate Affidavit in Utah.
- Avoid it for real estate with a recorded TOD deed made before death. See Utah Transfer on Death Deeds.
- Use informal probate if probate is required. See Utah's Informal Probate Process and Do You Need Probate in Utah?.
- Do some of the work yourself — the court's self-help center offers forms and guidance. See How to Find Free or Low-Cost Legal Help in Utah.
- Ask for limited-scope help — a lawyer for a one-hour review or specific tasks.
- Waive or renounce fees if the representative is a family member and the estate is small.
- Avoid disputes by communicating with heirs and keeping records. See Utah Personal Representative Duties.
Costs that aren't "probate" costs
Funeral costs, debts, final taxes, house maintenance and property taxes are estate expenses, not probate fees. See Creditor Claims Against a Utah Estate. Utah has no estate tax; see Does Utah Have an Estate Tax?.
Frequently asked questions
Does Utah charge probate fees as a percentage of the estate?
Not by statute. Attorneys and personal representatives are entitled to reasonable compensation.
How much is the probate filing fee?
Check the court's current fee schedule or ask the clerk; fee waivers may be available.
Can I be paid as personal representative?
Yes, reasonable compensation, or you may renounce it.
How long does probate take?
Is there a cheaper way?
A small estate affidavit, a TOD deed, and beneficiary designations can avoid probate for many families.