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In 2021, the filing fee for both an informal and formal probate in District Court statewide is $375.00. Attorney fees depend on the duration of probate and complexity of the estate, the existence of a Will and the location of real property owned by the estate.
Probate is the process of winding up the affairs of the person who has died (the decedent), and includes asking the court to appoint a personal representative (sometimes called an "executor") of the decedent's estate, and to determine if there is a valid will.
Property that is held in a revocable trust will avoid probate. However, it is not sufficient to just have a revocable trust. The deceased person's property must be held in it when she dies. Once a person signs a revocable trust, she should immediately transfer her property to the trust.
Your spouse will inherit the first $75,000 of your intestate property, and half of what remains of your intestate property after that. Your descendants will then inherit everything else. In Utah, the value of non-probate transfers count as part of the intestate estate.
In Utah, probate can take anywhere from four to five months for an average estate to be settled. More complex, larger estates can of course take longer, especially if there are any objections.