Informal vs. Formal Probate in Utah
Informal probate in Utah is for estates where everyone agrees; formal probate is for those where they do not. The first has no hearing and the second does. For an estate attorney the difference is where the work is: disagreement is the case that most needs a lawyer. This summarizes the court's page and is not legal advice.
What does the court say about informal probate?
According to Utah Courts, informal probate asks the court to appoint a personal representative "without a hearing." The applicant must be at least 21. It cannot be filed until five days after the death and must be filed within three years. Heirs, beneficiaries, creditors, and those named in the will sign a waiver of notice.
What turns it formal?
If someone refuses to sign the waiver, the case becomes formal and requires a hearing, per the same page. Formal probate typically arises when there are disagreements about the appointment or administration.
What does this look like in the records?
The case types are listed separately: the court defines an estate case as "an application for appointment of a personal representative in a probate case," a supervised administration as one where the representative "requests court approval before taking actions or making distributions," and other probate as a case used "when the action in the petition does not apply to another probate case type," per the case type list.
Which cases are the best leads?
Cases with a contested or supervised element are more likely to need an attorney, but the public record may not say which they are. The petitioner without an attorney is the lead either way. See what a Utah probate filing shows.
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