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The Probate Bond Experts
Probate in Utah is handled by the District Court in each of the state's 29 counties. The county probate courts were abolished, so the District Court now appoints the personal representative, issues letters, and oversees administration. Most estates proceed through informal probate without a hearing.
Utah adopted the Uniform Probate Code, codified as the Utah Uniform Probate Code in Title 75. The estate fiduciary is called the personal representative, an executor when named in a will and an administrator when appointed without one. The bond rules sit in Sections 75-3-603 through 75-3-606.
Utah imposes no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When a Utah bond is required, the amount is set under Utah Code Section 75-3-604:
Utah follows the Uniform Probate Code, so a bond is the exception. Under Utah Code Section 75-3-603:
Filing a Utah probate bond, when one is required, follows Title 75 and District Court practice:
A bond is often not needed in Utah, so many estates pay no bond premium at all. When a bond is required by the will or a demand, the cost is a premium paid to the surety company:
Beyond the standard personal representative bond, Utah probate practice uses several additional bond types:
Utah does not run a licensing board for private professional fiduciaries, but its Uniform Probate Code places clear duties on every personal representative:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWUsually not. Under Title 75, no bond is required of a personal representative appointed in informal probate, which covers most estates, and most Utah wills waive the bond. A bond is required when the will calls for one or an interested party files a written demand.
A bond is required when the will expressly requires it, when an interested person files a written demand under Section 75-3-605, on the appointment of a special administrator, or when the court otherwise orders one.
When a bond is required, most Utah probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under Section 75-3-604, if the will or court order specifies an amount the bond is set in that amount. Otherwise it equals the personal representative's sworn best estimate of the personal property plus a year of income from the real estate.
Most Utah probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can qualify on the court's timeline.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The District Court in the county where the decedent lived handles probate. Utah's county probate courts were abolished, so each of the 29 counties handles probate through its District Court.
Utah uses personal representative for both. A person named in a will is an executor and one appointed without a will is an administrator, but Title 75 gives both the same title and the same authority.
No. Utah has no state estate tax and no inheritance tax, so most estates face only the federal estate tax, which reaches only very large estates.
When required, the bond protects the heirs, devisees, and creditors of the estate from loss caused by a personal representative who commits fraud or fails to properly distribute the estate, up to its penalty.
When a bond is required, it stays in force until the estate is closed and the court discharges the personal representative. For estates that stay open across more than one year, the premium is charged annually until that discharge.
Yes. Under Section 75-3-605, an interested person may file a written demand for a bond. Once the demand is filed, a bond becomes required even where the will or informal appointment did not call for one.
No. A small estate that qualifies for the affidavit process is administered without a hearing or a court appointment, so a bonded personal representative is generally not involved.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the heirs, devisees, and creditors. If the surety pays a claim, the personal representative is legally obligated to repay the surety.
Often yes. A conservator appointed to manage the estate of a minor or a protected person is generally required to post a bond, and a guardian responsible for property may be required to as well, tied to the value of the property under management.
Yes. The court may reduce the bond by the value of estate assets deposited with a domestic financial institution so they cannot be disposed of without authorization, and may reduce it on petition as the estate is administered.
Supervised administration is a court-supervised proceeding, started when an interested person petitions for it, in which the personal representative acts under the direct supervision of the District Court, and a bond is more likely to be required.
When a bond is required, you file it with the District Court in the county where the decedent lived or owned property, and the court approves the surety before letters issue.
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Find Utah Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Utah probate court directory. We list every county court in Utah with contact information and links to local forms.
Utah Probate Court Directory