ProbateUS
Probate Court

Millard County

Utah

435-743-6223

Court Location & Contact

Address

765 S Hwy 99, Fillmore, UT 84631

Visit Official Court Website

Filing Fees

Millard County, Utah

Fee TypeAmount
Petition for Probate$375

Probate Guide

Probate in Millard County, Utah

The Millard County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Millard County, UT, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Utah, the probate court in each county oversees this process.

When Is Probate Required in Utah?

Probate is generally required when:

  • The deceased owned real estate solely in their name

  • The estate contains assets above Utah's small estate threshold

  • There are disputes among heirs or creditors

  • Assets are not held in a trust or joint tenancy

Steps to File for Probate in Millard County

  1. Locate the will (if one exists) and gather the death certificate

  2. File a petition with the Millard County Probate Court to open probate

  3. Notify heirs and creditors as required by Utah law

  4. Inventory the estate — identify all assets, debts, and liabilities

  5. Pay debts and taxes — settle outstanding obligations from estate funds

  6. Distribute remaining assets — according to the will or state intestacy laws

  7. Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Utah, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Utah does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Millard County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Millard County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Millard County Clerk serves as the Fourth District Court Clerk. The District Court is the court that handles probate matters in Utah. E-filing is mandatory for attorneys in civil, probate, and domestic cases. Self-represented parties are exempt from e-filing. For smaller estates under $100,000, Utah offers a Small Estate Affidavit that can avoid formal probate.

Office Hours

Monday-Friday8:00 AM - 5:00 PM

FAQ

Where do I file for probate in Millard County, UT?

Probate petitions for estates in Millard County are filed at the Millard County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Millard County?

Probate filing fees in Millard County, Utah vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

How long does probate take in Utah?

Probate in Utah typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

Can I avoid probate?

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Millard County?

While not always legally required in Utah, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Utah, their assets are distributed according to state intestacy laws. The Millard County Probate Court will appoint an administrator to manage the estate.

Probate Attorneys

ACTEC Fellows in Utah

Barbara Ann Bangs

Barbara Ann Bangs Maxwell, JD, LLM-Tax, 1725 S Crimson Rd

Kanab

Estate PlanningTrust & Probate Law

Brent Andrewsen

Holland & Hart LLP

Salt Lake City

Asset ProtectionBusiness Planning+1

Carol Warnick

Holland & Hart, LLP

Salt Lake City

Fiduciary LitigationGeneral Trust & Estate+1

Charles Livsey

Ray Quinney & Nebeker, P.C.

Salt Lake City

Charitable PlanningTestamentary Planning+1

D. Jay Curtis

Ray Quinney & Nebeker, P.C.

Salt Lake City

Asset ProtectionBusiness Planning+8
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