What Is Informal Probate?
Utah's probate code, the Utah Uniform Probate Code (Utah Code Title 75), offers two distinct tracks for settling an estate: informal probate and formal probate. Most people who hear the word "probate" assume it always means appearing before a judge. In Utah, that's only true for the formal track.
Under Utah Code § 75-3-301, an application for informal probate or informal appointment of a personal representative is submitted directly to the registrar — a court official, not a judge — rather than filed as a petition requiring a hearing. The application must include the decedent's name, date of death, age, county and state of domicile, and the names and addresses of the spouse, children, heirs, and devisees. The registrar reviews the application and supporting documents and, if everything is in order, approves it administratively.
No hearing means no waiting for a court date. Because informal probate doesn't require scheduling time before a judge, it moves on the registrar's paperwork timeline rather than the court's hearing calendar — often the single biggest reason informal probate is faster than formal probate.
Informal vs. Formal Probate: How Utah's Two Tracks Differ
| Feature | Informal Probate | Formal Probate |
|---|---|---|
| Decided by | Court registrar — paperwork review | Judge — courtroom hearing |
| Governing statute | Utah Code § 75-3-301 et seq. | Utah Code § 75-3-401 et seq. |
| Used when | Will is uncontested; heirs are known; no dispute over the personal representative | Will is contested, lost, or ambiguous; heirs unknown; dispute over appointment |
| Notice before approval | 10 days to heirs/devisees who haven't waived notice | Notice and a scheduled hearing |
| Typical time to appointment | Days to about two weeks | Several weeks to months, depending on court calendar |
| Cost | Generally lower — less attorney and court time | Generally higher — hearing preparation and appearances |
| Court supervision after appointment | Minimal, unless later contested | Can include full supervised administration |
Who Qualifies for Informal Probate
Informal probate is available when an estate is straightforward and uncontested. In practice, that generally means:
- There is a valid original will, and no one disputes its validity — or the decedent died without a will and the heirs are known and not in conflict.
- The original will (not a copy) is available to file with the court, if one exists.
- The person applying to serve as personal representative has priority to do so, or has the agreement of those who do, under Utah Code § 75-3-203.
- No interested party has demanded formal proceedings or supervised administration.
- The application is filed within the statutory time limit (more on that below).
If any of these conditions isn't met, the registrar cannot approve an informal application, and the matter must proceed through formal probate instead, with a judge deciding contested issues at a hearing.
The Informal Probate Process, Step by Step
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File the Application with the Registrar
An interested party — typically the person named as executor in the will, or a close family member — files an application under Utah Code § 75-3-301 with the district court in the county where the decedent lived, directed to the registrar rather than a judge.
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The Registrar Reviews the Application
The registrar checks that the application is complete, that the will (if any) appears valid on its face, and that the applicant has priority to serve. No hearing is held at this stage.
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Notice Goes Out to Heirs and Devisees
Under Utah Code § 75-3-310, written notice is sent to heirs and devisees who haven't waived it. The notice states that the requested probate or appointment will be granted after 10 days have elapsed, giving anyone with an objection a window to raise it before approval.
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The Registrar Issues an Order and Letters
If no objection is raised, the registrar approves the application and issues Letters Testamentary or Letters of Administration, giving the personal representative legal authority to act on behalf of the estate.
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Notify Creditors and Inventory the Estate
The personal representative publishes notice to creditors, identifies and values estate assets, and begins administering the estate — paying valid debts, taxes, and expenses from estate funds.
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Distribute Assets to Beneficiaries
Once debts, taxes, and expenses are paid, the personal representative distributes the remaining assets to beneficiaries according to the will, or according to Utah's intestate succession laws if there was no will.
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Close the Estate
No earlier than four months after appointment, the personal representative may close the estate by filing a verified closing statement under Utah Code § 75-3-1003, confirming that creditor claims have been resolved and the estate fully distributed. The appointment terminates automatically if no further proceedings are pending one year after the closing statement is filed.
When Informal Probate Isn't Available
Informal probate works well for cooperative families with a clear, uncontested estate. It is not available — and formal probate becomes necessary — when:
- Someone contests the validity of the will, alleging lack of capacity, undue influence, or fraud.
- The original will cannot be located, only a copy exists, or the will's terms are ambiguous.
- Heirs cannot be identified or located.
- More than one person seeks appointment as personal representative and they can't agree.
- The decedent's will directs supervised administration.
- An interested party formally demands that the proceeding be handled through the formal process.
In these situations, the matter goes before a judge, who resolves the dispute at a hearing before the estate can move forward — a slower and more expensive path than informal probate, though sometimes the only option.
Not sure which track your family's estate needs?
Whether an estate qualifies for informal probate often isn't obvious until someone reviews the will and the family situation. The first conversation with Paul is always free.The Three-Year Deadline You Can't Miss
Utah Code § 75-3-107 — The Ultimate Time Limit
Probate — whether informal or formal — generally must be commenced within three years of the decedent's death. Once that window closes, a presumption of intestacy becomes final, and most creditors lose the ability to present claims against the estate.
The court retains limited authority after the three-year mark to determine what property the decedent owned and to appoint a personal representative to administer it, but the family loses meaningful options the longer they wait. Families who put off opening probate — often out of grief, uncertainty about the process, or simply not knowing a deadline exists — can find themselves in a much harder position than if they had acted sooner.
Authority: Utah Code § 75-3-107.
Is There a Faster Option? The Small Estate Affidavit
For the smallest estates, Utah offers something faster than even informal probate: a sworn affidavit that avoids opening a probate case entirely. Under Utah Code § 75-3-1201, if the entire estate — wherever located, less liens and encumbrances — is valued at $100,000 or less, the decedent's successor can present a sworn affidavit to banks or other parties holding the decedent's personal property to collect it directly, without any court filing.
- The affidavit cannot be used until at least 30 days after the date of death.
- It can only be used to collect personal property — bank accounts, for example — not real estate such as a house.
- Up to four vehicles, boats, or trailers are excluded from the $100,000 calculation, so a family car doesn't count against the limit.
The small estate affidavit is not a form of probate at all — it's an alternative to probate for estates that qualify. Families with larger or more complex estates, or estates that include real property, will need informal or formal probate instead.
Example: Linda passes away in Provo with a validly executed will naming her daughter, Sarah, as personal representative. Linda's estate consists of a home, a checking account, and a modest investment account — no one disputes the will, and there are no other claimants to serve as personal representative.
Because the will is uncontested and the heirs are known and in agreement, Sarah's attorney files an application for informal probate. The registrar approves it within about two weeks. Sarah is issued Letters Testamentary, notifies creditors, pays Linda's final bills, and — because the estate includes real property — is not eligible to use the small estate affidavit instead. Five months after her appointment, Sarah files a closing statement and the estate is settled, all without Sarah or her family ever appearing before a judge.
Even Informal Probate Is Slower Than a Living Trust
Informal probate is a real improvement over formal probate for families who qualify — no judge, no hearing, and a process measured in months rather than a year or more. But it's still a public, court-filed process with statutory waiting periods built in. A revocable living trust avoids the courthouse altogether: assets transfer to beneficiaries privately, on the trustee's timeline, with none of the 10-day notice periods or four-month minimum waits that even informal probate requires. For a deeper look at how the broader probate process works in Utah — including how trust administration compares — see How Does Probate Work in Utah?
Frequently Asked Questions
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Informal probate is the streamlined track for settling an estate in Utah. Under Utah Code § 75-3-301, the application is submitted to the registrar — a court official, not a judge — who reviews the paperwork and, if everything is in order, approves it without a courtroom hearing. Most uncontested Utah estates with a valid will and known heirs use this process. It is faster and less expensive than formal probate, which requires a judicial hearing.
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An informal probate application is typically approved by the registrar within about 10 days of filing, since Utah Code § 75-3-301 requires that notice to heirs and devisees include a statement that probate will be granted after 10 days have elapsed. From there, the personal representative must wait a minimum of four months after appointment before filing a closing statement under Utah Code § 75-3-1003. Most informal probate estates are fully closed in four to eight months absent complications.
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Informal probate generally works when there is a valid, uncontested original will (or the decedent died without a will and the heirs are known and agree on who should serve), no dispute over who should be appointed personal representative, and no need for court-supervised administration. Priority for appointment is governed by Utah Code § 75-3-203. If any of these conditions are not met — for example, the will is contested, the original cannot be located, or heirs are unknown — the matter must proceed through formal probate instead.
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Informal probate is handled by the court registrar based on the application and supporting documents, without a hearing before a judge, and is used for straightforward, uncontested estates. Formal probate, governed by Utah Code § 75-3-401 and following, involves a judicial hearing and is required when a will is contested, the validity of a will is in question, heirs cannot be identified or located, there is a dispute over who should serve as personal representative, or the decedent's will calls for supervised administration.
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Yes. Under Utah Code § 75-3-107, formal or informal probate proceedings generally must be commenced within three years of the decedent's death. After that period, a presumption of intestacy becomes final, and most creditor claims can no longer be presented against the estate, although the court retains limited authority to determine what property the decedent owned and to appoint a personal representative to administer it.
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If the entire estate is valued at $100,000 or less, after subtracting liens and encumbrances, Utah Code § 75-3-1201 allows the decedent's successor to collect personal property — bank accounts, for example — using a small estate affidavit instead of opening a probate case at all. The affidavit cannot be used until at least 30 days after death and cannot be used to transfer real property such as a house. Up to four vehicles, boats, or trailers do not count toward the $100,000 limit.