Utah County Probate Records

Utah County probate records are court documents that authorize individuals to manage a decedent's estate. They encompass wills, inventories, appraisals, accounts, and settlements. Like other Utah county court records, these records are managed by Utah County District Courts and made available to the public per state law.

Utah County has two types of probate: Formal and Informal. A formal probate requires the county probate court to appoint a personal representative and requires a hearing, especially if there are disagreements regarding the estate. Individuals can file this probate 3 years after the decedent's death (Utah Code 75-3-107). However, informal probate does not need a hearing since all parties agree to the appointed personal representative and estate distribution. Individuals may file informal probates 5 days after the decedent's death (Utah Code 75-3-307). Family members can collect the personal properties of a deceased person that are worth under $100,000 without probate. They will need a small estate affidavit to collect it.

Are Probate Records Public?

Yes, most probate records are public according to the UCJA Rule 4-202.02 and the Utah Government Records Access and Management Act (GRAMA). However, some probate matters and records, such as the petition for guardianship of an adult, are considered private according to Rule of Judicial Administration 4-202.02(3). Wills deposited for safekeeping are also restricted from public disclosure. Private and sealed probate records are only open to case parties, their attorneys, the parent or guardian of the subject of record, or an interested person in an action under the Uniform Probate Code.

What is Probate Court in Utah County?

Utah County is part of the state's Fourth Judicial District. It has the following District Courts that handle legal matters relating to probate:

Utah County - Provo District Court
137 N Freedom Blvd
Suite 100
Provo, UT 84601
Phone: (801) 429-1000

Utah County - Spanish Fork District Court
775 West Center
Spanish Fork, UT 84660
Phone: (801) 804-4800

Utah County - Salem District Court
30 West 100 South
P.O. Box 901
Salem, UT 84653
Phone: (801) 423-2770

Probate Court Case Lookup

Individuals can find probate court records online on the Xchange or MyCourtCase portals. The Xchange provides service for a $5.00 initial fee, a search fee of $0.20 each, and documents/filings at $0.50 each for a one-time use account. It also offers a monthly subscription of $25.00 for an initial fee and $40 monthly. Only if the parties can use the MyCourtCase portal will the service be free.

Copies of probate records can be obtained by mail or in person by querying the Utah County District Court clerk. Record seekers will need to complete and submit a Request for Court Record form to facilitate the record request. Inquirers may also visit the courthouse to use the public terminals to view probate court records and print the desired court records. Alternatively, they can ask the record staff to help with the search. Copies of probate records cost $0.25 per sheet.

How to Find Probate Records Online Free

Utah County District Courts provide free online access to probate records to only case parties through the MyCourtCase portal. Eligible individuals should create an account and log in to the portal with an email and password. The search will return the case party's case history and provide access to filed papers. The Utah Division of Archives and Records Service also provides Utah County probate records online for free. However, individuals can only access limited probate information online. Therefore, those needing comprehensive probate information may want to mail or visit the Utah County District Courts in person during business hours.

How Long Does Probate Take in Utah?

The duration of probate in Utah depends on the assets in the estate, the validity of the deceased person's will, and whether there are any objections to the appointment of the personal representative. Generally, a probate process can take about 4 to 5 months.

Are Wills Public Record?

A will deposited for safekeeping in Utah is a sealed record. Only the testator or an authorized person can access it during the testator's lifetime. After the testator's death, once the will is admitted to probate, it becomes a public record.

How to Find Out If Someone Has a Will

Individuals seeking a will in Utah County have several options. They may check with the District Court in the county where the deceased person lived or passed away. The court's records staff will require basic details about the document to process the request. Inquirers may also look through the deceased person's home, as many people store wills in locked drawers or safes. Eligible persons can inquire at the decedent's bank for a safety deposit box or contact the deceased person's estate planning attorney. Before the rise of estate planning software, attorneys often drafted and stored wills for their clients. Family members can still reach out to the attorney to confirm if they hold the will.

Utah County Family Court Case Search

The Utah County District Courts have jurisdiction over family court cases, such as child custody and support, divorce, and adoption. According to Rule of Judicial Administration 4-202.02, some family records are not publicly available. For example, adoption records, petitions for divorce, motions to waive the divorce waiting period, and motions for temporary orders in a child custody case are all private/sealed records.

Individuals can find family court records online, by mail, or in person at the courthouse where the case was filed. The Xchange and the MyCourtCase portals are available for online searches. Members of the public can use the Xchange portal to find records for a fee, while case parties can use the MyCourtCase portal for free. Copies of family court records can be obtained by mail using the Request for Court Record form. In-person customers can use the public terminals at the courthouse to conduct their searches by name or case number. A fee of $0.25 per sheet is required for copies of family court records.