Probate and Recording Deeds in Salt Lake County (Salt Lake City), Utah
Where to file a will or open probate, and where to record a deed, in Salt Lake County (Salt Lake City) — with the state rules that apply.
Probate court
Third District Court - Matheson Courthouse, Salt Lake City (probate cases)
Address: Matheson Courthouse, 450 South State St, P.O. Box 1860, Salt Lake City, UT 84114-1860
Phone: (801) 238-7300
Recording deeds
Recording fee: Flat fee per recording: $40.00; additional legal descriptions over 10: $2.00 each Fee schedule
Utah rules that apply
| Small estate affidavit | Thirty days after the death, a successor may collect money owed to the decedent and tangible personal property (including instruments such as stock certificates) by presenting an affidavit stating that the value of the entire estate subject to administration, wherever located, less liens and encumbrances, is not more than $100,000; that 30 days have passed since the death; that no petition to appoint a personal representative is pending or granted anywhere; and that the successor is entitled to the property. The affidavit is not filed with the court; it is signed before a notary and given to the bank or other holder. Up to four registered boats, motor vehicles, trailers or semitrailers may also be transferred through the Motor Vehicle Division on the affidavit (with the $100,000 figure computed excluding those vehicles). Water company shares are not eligible. The Utah courts' guidance states this procedure is not used for real property. Section 75-3-1201 was amended effective May 7, 2025 (2025 Utah Laws ch. 123) to exclude water company shares; the $100,000 limit did not change. A holder who wrongly refuses to honor a proper affidavit may be liable for up to three times the property's value plus costs and attorney fees. |
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| Probate steps | 1) File an application for informal probate and appointment with the registrar, or a petition for formal probate, in the district court of the county where the decedent was domiciled (or, for a nonresident, where the decedent's property was located). Informal probate or formal testacy proceedings generally must begin within three years after death. 2) The personal representative is appointed and receives letters (bond is usually not required). 3) The personal representative may publish a notice to creditors once a week for three weeks and may mail notice to known creditors (doing so shortens the claim period). 4) Within three months after appointment, prepare an inventory with date-of-death values and send it to interested persons who request it (filing it with the court is optional). 5) Pay allowed claims, expenses and taxes. 6) Distribute the estate and close it, for example by filing a verified closing statement no earlier than four months after the original appointment, once the creditor claim period has expired. The Utah courts' self-help pages describe the informal probate process and forms. |
| Signing and recording a deed | Utah statutes provide short forms for warranty and quitclaim deeds. To be recorded with the county recorder where the property is located, a deed must carry a certificate of acknowledgment (or proof of execution) by a notary or other authorized officer, be an original (or a qualifying electronic document), include a brief caption stating the nature of the document, contain a legal description of the property, and name the grantees with a mailing address for tax notices. A water rights addendum may be submitted with a deed conveying land or water rights. Section 57-3-101 was amended in 2025 (2025 Utah Laws, 1st Special Session ch. 15). Check with the county recorder for local recording fees and formatting. |
| Transfer-on-death deed | Yes, under the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded before the owner's death in the county recorder's office where the property is located. It requires the same capacity as a will, needs no notice to, delivery to or acceptance by the beneficiary and no consideration, and cannot name a class of beneficiaries. It is revocable only by a later recorded and acknowledged instrument (not by a will or by destroying the deed). The statute includes an optional form. If the probate estate cannot pay allowed claims and statutory allowances, the estate may reach the property; that proceeding must be started within 12 months after death. |
All Utah wills, probate and estate rules · Eviction court and tenant help in Salt Lake County (Salt Lake City)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.