Utah Probate Laws, Important Timelines and Resources

The laws of Utah change when the subject is death. If you are reading this, it’s possible that your relative has died without a will in place to ensure their property passes smoothly into the hands of those they have chosen. You may be wondering what happens then or what happens if the assets do have to go into probate.

The good thing, is that Utah does not have any state inheritance or estate tax but there still exists some federal taxation on certain estates which can apply depending on how much money someone leaves behind after death and where they lived during their lifetime as well as whether or not if an estate plan was made prior to one’s passing away. Creating a trust and naming beneficiaries on all accounts are things that make sure assets do not haveto go through probate. For instance, creating a trust fund for children who do no inherit otherwise from anyone else leaving them with nothing at all even though we know adults need things too so people should think

The probate process is not required in Utah if the decedent has set up a trust (or family trust). Also if the assets are set to pass to a beneficiary through tenants by the entirety or which in most cases helps their estate to avoid probate in Utah.

It’s important to understand the probate laws, timelines, and nuances of the probate court in Utah if you are an heir or executor. 

In this article, we go over laws specific to Utah as well as some of the potential problems that can arise due to lack of access and resources in a post-pandemic world, starting with how long probate takes in Utah.

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Utah Probate Laws

How long does probate take in Utah?

It can take a long time. Oregon probate courts can take anywhere from 9 to 36 months for heirs to get a distribution. Here are some of the variables that can increase the time Probate Takes in Utah.

  • Size of the estate dictates how long an inventory of assets will take
  • The amount of beneficiaries in the estate
  • How fast the executor of the estate can push the process along
  • If the will is contested
  • Probate Court Timelines


Probate courts in Utah have been forced to go remote as a result of the pandemic, and thus have been slowed down as a result. There have been many articles recently published on the
delay in the court system which has caused a lot of anguish to estate heirs. You cannot distribute any assets to heirs until the estate goes through the legal process of probate. Doing so before the probate is closed can lead to legal issues for the executor and cause headaches for everyone involved. In this article we go over laws specific to Utah  as well as ways that you can receive your inheritance money before probate closes. We’ll get into that later. 

Don't Wait for Probate

How to avoid probate in Utah

  • Hire a good estate planning attorney
  • Open bank accounts and designate heirs as beneficiaries of the accounts
  • Add a ‘transfer on death’ deed to any real estate you own
  •  

Utah Probate Questions

Here are some helpful resources to utilize when you enter into the probate process in Utah due to a loved one’s death and it can help you answer more questions about probate: 

Most estates in Utah must pass through the probate process, there are a few exceptions. For those who meet certain criteria, simplified proceedings known as small estate proceedings may be available.

No, all estates do not have to go through probate in Utah. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together in Utah each co-owner must own an equal share. If joint tenancy of assets are in place, then they do not have to pass through the probate process in Utah

The largest cost in probate is always the Attorneys’ fees. In Do all estates have to go through probate in Utah, like most states, Attorney’s fees are based on the number of hours billed and the lawyer’s hourly rate. The cost for simple estates can range from $2,000 to $5,000 while more complicated cases may reach up to ten times that amount.

You can avoid probate in Utah by taking some of the following precautions to protect your assets:
  1. Revocable living trusts.
  2. Make sure any real property is owned with tenants by entirety or has a beneficiary. This is referred to as joint tenancy ownership, otherwise known as “tenants by entirety”
  3. “Payable on death” designations.
  4. Life insurance.
  5. Retirement accounts that have a designated beneficiary.
  6. Having an estate of less than an amount which is designated by the state to be considered a “small estate.”
  7. Create a revocable living trust
Us Probate Court

Estate And Inheritance Tax Laws

Utah does not have an estate or an inheritance tax. The only tax that needs to be worried about is federal taxes and any outstanding personal taxes that may need to be paid out of the estate. 

We regularly help residents of the following cities in Utah:

  • St George Utah
  • Salt Lake City
  • Snowbird
  • Park City
  • Moab
  • Ogden, and many more..

Get An Inheritance Cash Advance Now

An inheritance cash advance is your best option when you need an influx of cash following the death of a loved one. The cash can be used for anything you deem necessary. 

The advantages of an inheritance cash advance in Utah include:

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Probate Loan vs Probate Advance In Utah

If you are stuck in the process of probate in Utah you might have thought about borrowing against your estate or getting a mortgage on a property in probate. This is commonly referred to as an estate loan, traditional bank loan or probate loan. It’s important to understand the difference between probate loans in Utah and an advance on your inheritance money. Inheritance advances are a much simpler process when compared to a probate loan because you don’t have the traditional requirements of a bank loan with credit checks and repayment terms on assets.

When you apply for a probate loan, you need to go through the traditional loan application process. It can be time consuming and difficult because of credit requirements and a lengthy application to be completed either online or with a representative at the bank. Thus, like probate, there can be no end in sight for many heirs.

Benefits of receiving an advance on your inheritance

With a probate advance otherwise referred to as an inheritance cash advance, you can receive funds immediately, you can call us and we can have your cash to you within 24-72 hours with a stress free and considerate process. As mentioned previously, the probate process in Utah typically takes anywhere from eight months to three years to finalize.

No, all estates do not have to go through probate in Utah. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together in Utah each co-owner must own an equal share. If joint tenancy of assets are in place, then they do not have to pass through the probate process in Utah

Unlike probate loans, probate advances do not require a credit check to be approved. does not impact whether or not you are approved, how much you are approved for, or the interest rate. It also does not affect any other heirs in the estate.

You can avoid probate in Utah by taking some of the following precautions to protect your assets:
  1. Revocable living trusts.
  2. Joint tenancy ownership, otherwise known as “tenants by entirety”
  3. “Payable on death” designations.
  4. Life insurance.
  5. Retirement accounts that have a designated beneficiary.
  6. Having an estate of less than an amount which is designated by the state to be considered a “small estate.”

Probate Code And Utah Law Resources:

Contact Inheritance Advanced to Receive Your Inheritance Money In Utah Now

If you are entering into the probate process in Utah and you need cash immediately, inheritance advanced is here for you. Inheritance Advanced has worked with more than 1,700 satisfied clients across the country, including [state]. We have helped them obtain money to pay for the funeral, burial, medical bills, credit card debt, and everyday expenses instead of waiting for the probate process to complete. 

Our experienced team is compassionate, caring, and understanding. We know how difficult it is to wait for probate, that is why we give you your funds now and wait for probate ourselves, so you don’t have to.