Probate Attorney Fees in Utah

What probate lawyers charge in Utah, how the reasonable-fee standard works, and how flat fees compare with percentages.

§ 75-3-718 · reasonable FigureMyTax Editorial Team

Quick answer: Utah does not set probate attorney fees by a statutory percentage. They're a reasonable amount under Utah Code 75-3-718, and if the fee is requested and nobody objects, the requested amount is deemed reasonable. In practice, a routine informal probate is often a flat $3,500–$6,000, or a percentage of roughly 2–3.5%. Estimate the whole picture in the Utah probate cost calculator.

The reasonable-fee standard

Utah Code § 75-3-718: the personal representative and attorney are entitled to reasonable compensation. If the fee is sought in a petition and no interested person objects, reasonable compensation is the amount requested — no independent court review. If someone objects, the court weighs the quality, quantity and value of the services and the practice of comparable fiduciaries.

How Utah probate lawyers bill

  • Flat fee — commonly $3,500–$6,000 for a routine informal probate; more for formal or contested matters ($6,000–$15,000+).
  • Hourly — typically $250–$400/hour for complex work.
  • Percentage — some firms quote ~2–3.5% of the estate as a starting point, still subject to the reasonable-fee standard.
Separate from the executor fee: the attorney fee is distinct from any personal-representative compensation (also reasonable under 75-3-718). An estate can pay both, though family executors often waive theirs.

Illustrative attorney fees

Estate valueFlat (typical informal)At ~3%
$200,000$3,500 – $6,000≈ $6,000
$500,000$4,000 – $6,000≈ $15,000
$1,000,000$5,000 – $8,000+≈ $30,000

Illustrative only — Utah has no statutory rate. For a simple estate a flat fee is usually far cheaper than a percentage; always get a written fee agreement.

Facing probate in Utah?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Utah attorney

Questions to ask before hiring

  • Do you charge a flat fee, hourly, or a percentage — and what's your estimate for an estate like mine?
  • Is your fee separate from the executor fee? (Usually yes.)
  • Can this estate use the $100,000 small estate affidavit and skip probate entirely?
  • Will informal probate work, or does anything require a formal hearing?

Ways to reduce legal fees

  • Small estate affidavit — personal property up to $100,000, no court and usually no attorney.
  • Flat fee for a simple, uncontested informal probate.
  • Stay organized — a clean inventory cuts billable hours.

Utah probate attorney fees — frequently asked questions

How much does a probate lawyer cost in Utah?

Utah does not set probate attorney fees by a statutory percentage — they must be reasonable under § 75-3-718. In practice, a routine informal probate is often a flat $3,500 to $6,000, or a percentage of roughly 2 to 3.5%.

Is the Utah attorney fee separate from the executor fee?

Yes — the attorney fee is distinct from any personal-representative compensation, also reasonable under § 75-3-718. An estate can pay both, though family executors often waive their own.

Does an unopposed fee petition apply to the attorney fee too?

Yes — § 75-3-718(1) covers both the personal representative's and the attorney's compensation, so an unopposed petition for the attorney's fee likewise becomes automatically reasonable.

Is a flat fee usually cheaper than a percentage in Utah?

For a simple, uncontested estate, yes — a flat fee of $3,500 to $6,000 is typically far less than 2 to 3.5% of a mid-size or large estate, which is why it's worth asking about both options.

Do I need a probate attorney for a small Utah estate?

Often not — the small estate affidavit route, available for personal property up to $100,000, skips court entirely and usually doesn't require an attorney.

Estimate for general guidance only, not legal advice. Utah does not fix probate attorney fees by statute; they're reasonable amounts under Utah Code ยง 75-3-718, and if unopposed the requested fee is deemed reasonable. The attorney fee is separate from the executor fee. Figures shown are illustrative; many informal estates pay a flat $3,500–$6,000. Get a written fee agreement and verify with a licensed Utah attorney.