Quick answer: informal probate, handled by the court registrar with no hearing, is the default for most uncontested Utah estates. Formal probate goes before a judge and applies once there's a genuine dispute. See how this affects your own estimate in the Utah probate timeline calculator.
Informal vs formal, side by side
| Informal Probate | Formal Probate | |
|---|---|---|
| Handled by | Court registrar, no hearing | Judge, with a hearing |
| Used for | Uncontested estates, clear will or heirs | Contested wills, disputed appointments |
| Court filing fee | $375 flat | $375 flat (same fee) |
| Typical duration | 6–9 months if notice published | Longer — adds hearing time |
A separate, commonly confused pair: affidavit vs summary administration
Two different tools, two different jobs: the small estate affidavit under § 75-3-1201 is a no-court route for personal property of $100,000 or less — a sworn affidavit presented directly to banks and other asset holders, with no probate case ever opened. Summary administration under § 75-3-1203 is a different mechanism entirely: it's used by a personal representative who has already been appointed in an open probate, to distribute and close a small estate more quickly than the standard process would. One skips probate before it starts; the other ends one that's already underway.
Why the distinction matters practically
Choosing the wrong tool wastes time: filing for probate when the small estate affidavit would have worked entirely skips the point of the affidavit, while trying to use the affidavit after a personal representative has already been appointed misses the fact that summary administration, not the affidavit, is the right closing mechanism at that stage.
Facing probate in Utah?
Talk to an Utah attorneyA local probate attorney can review your estate — many offer a free consultation.