Hiring a Wills, Trusts or Probate Lawyer in Utah
What Utah requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Utah: fee rules
| Rules on contingency fees | Under Utah Rule of Professional Conduct 1.5(c) (Supreme Court Rules of Professional Practice, Rule 3-1.5), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
|---|---|
| If you disagree with a lawyer's bill | The Utah State Bar's Fee Dispute Resolution Program handles fee disputes between clients and attorneys practicing in Utah, by mediation or binding arbitration. Participation is voluntary; the bar cannot force either side into binding arbitration, and both attorney and client must sign the petition. Binding arbitration has a $10.00 filing fee, and the decision is final except on narrow grounds. Disputes under $10,000 are heard by one lawyer, though for amounts between $7,500 and $10,000 the petitioner may choose a three-member panel. Mail the notarized Fee Dispute Petition Form and Agreement Form, marked "personal and confidential," to Utah State Bar Fee Dispute, 645 South 200 East, Salt Lake City, Utah 84111; questions: feearbitration@utahbar.org. |
| If a lawyer takes your money | The Utah State Bar's Lawyers' Fund for Client Protection reimburses losses caused by the dishonest conduct of lawyers and licensed paralegal practitioners licensed in Utah, arising from a lawyer-client, LPP-client or fiduciary relationship. Assigned claims, third-party claims and certain Ponzi or pyramid-scheme investment losses are excluded. File within one year after the date of the final order of discipline, the lawyer's death, or the order of disability; procedures and the claim form are in Rule 4-911. |
Utah rules to know first
| Requirements for a valid will | A person 18 or older with testamentary capacity may make a will. Capacity means the person can identify family members and others in his or her life, understands those relationships and the nature and extent of his or her property, and can form a plan for disposing of it; capacity is presumed even if the person is under a guardianship or conservatorship. A will must be in writing, signed by the testator (or by someone else in the testator's conscious presence and at his or her direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the testator's acknowledgment of the signature or of the will. An interested witness does not invalidate the will. Utah also recognizes electronic wills signed by the testator and two witnesses in the testator's physical or electronic presence. Section 75-2-501 was amended in 2025 (2025 Utah Laws ch. 338) to define testamentary capacity. A document not properly executed may still be treated as a will if clear and convincing evidence shows the decedent intended it as a will (§ 75-2-503). |
|---|---|
| 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. |
| How probate works | 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. |
Find and check a lawyer
| Lawyer referral service | The Utah State Bar's Get Legal Help page points the public to LicensedLawyer, to learn about licensed Utah lawyers in good standing, and to the Utah State Bar's Modest Means Lawyer Referral Program for reduced-rate help (income qualification required). Source: Utah State Bar, Get Legal Help |
|---|---|
| Check that the lawyer is licensed | Utah's Office of Professional Conduct points the public to the Utah State Bar's Licensed Lawyer website (licensedlawyer.org) to look up Utah lawyers; its online complaint form also includes a Search Attorney Database tool. |
| Check discipline history or file a complaint | The Utah Office of Professional Conduct (OPC), charged by the Utah Supreme Court with investigating possible grounds for discipline of lawyers and licensed paralegal practitioners, is no longer part of the Utah State Bar. File a complaint with the OPC's online form, or print the fillable form and mail it. An OPC attorney reviews it and investigates if it suggests rule violations; typical timelines for cases not dismissed are about 150 days for initial investigation, 120 days for follow-up, and 90 days for the screening panel. The information you provide is shared with the lawyer; anonymous complaints and complaints against a whole firm are not accepted, and a filed complaint cannot be withdrawn. The process does not provide reimbursement. Public discipline can be searched in the OPC's Attorney Public Discipline list. Public discipline: https://www.opcutah.org/lawyer-public-discipline/ |
Free legal help
| Free legal aid | The Utah State Courts' Self-Help Center provides free legal help to people without a lawyer: staff attorneys answer questions about the law, court process and options, help with court forms, and give information about legal aid, pro bono and low-cost services and lawyer referral (they cannot give legal advice or represent you). Contact it by email at selfhelp@utcourts.gov or the toll-free help line 888-683-0009 (Monday-Friday, 11:00 am-5:00 pm). Utah Legal Services provides civil legal aid without cost to people who cannot afford a lawyer (apply online), and LSC lists it as its Utah grantee. Utah Legal Services: https://www.utahlegalservices.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
|---|
All legal help in Utah · Do I need a lawyer?
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.