The Utah Application for Informal Probate of Will and Informal Appointment of Personal Representative (Form 1002ES) is the court form a person files in a Utah district court to prove a loved one’s will and ask to be named the personal representative of the estate. You file it with the district court in the county where the person who died lived or owned property, and the form is approved by a court clerk called the registrar without a hearing.
Losing someone is hard enough without paperwork hanging over you, and a small slip on this form can stall an estate for weeks. Probate is required in Utah when the estate holds real property of any value or other assets worth more than $100,000, so many families have no choice but to file. The current filing fee to open the case is $375, and the form you will use is the version approved July 2017 and revised February 8, 2021.
Here is what you will learn in this guide:
- 📋 How to complete every box on Form 1002ES, line by line, in plain English.
- 🗂️ Which documents to gather before you start so the court does not bounce your filing.
- ⏱️ The exact deadlines, waiting periods, and the $375 fee you must plan for.
- 🧭 Three real-life walkthroughs showing what to write in each section.
- ⚠️ The most common mistakes that delay appointment and how to dodge them.
What Form 1002ES Is and Who Must File It
Form 1002ES is Utah’s official application to start an informal probate case when the person who died left a will. Informal probate is the simple track, handled by the court registrar without a judge or a hearing, and it is used when everyone agrees on who should serve and how the estate should be split. The form does two jobs at once: it asks the court to accept the will as valid and asks the court to appoint you as the personal representative, the person who settles the estate.
You must file this form if probate is legally required. Under the Utah Courts probate rules, probate is required when the estate includes real property such as land, a house, or a condo of any value, or other assets worth more than $100,000. If the estate is small and has no real property, you may be able to skip court with a small estate affidavit instead.
Anyone may file, but to be appointed you must be at least 21 years old, as set by Utah Code 75-3-203. The law also sets a priority order for who gets to serve: the person named in the will comes first, then a spouse who receives a gift, then any person receiving a gift, then the spouse, then heirs, then creditors after 45 days. If you fall lower on that list, someone with higher priority must sign a Renunciation before the court will appoint you. Choosing the wrong track, formal versus informal, is a frequent error: if any interested person refuses to cooperate, the case must convert to formal probate with a hearing.
Before You Start: Documents and Information You Need
Gather everything below before you open the form. Missing even one item can cause the clerk to reject your packet or hold your case, and each delay pushes back the date you gain legal authority over bank accounts and property.
- The original will. The court keeps the original, so you must file the real signed document, not just a copy. Without it, the court cannot informally probate the will.
- A certified death certificate. Order it from Utah Vital Records; the court uses it to confirm the death and the date. A photocopy is not accepted.
- The decedent’s full legal name and date of death. These anchor the entire case, and the five-day waiting period is measured from the death date.
- The decedent’s county of residence at death, or county where they owned property. This decides which court has authority to hear your case.
- Names, addresses, and ages of all survivors and heirs. The court sends notice to these people, so a missing heir can void the appointment later.
- The names of anyone with equal or higher priority to serve. You will need signed Renunciation forms from them if you are not first in line.
- Your own contact details and your age. You must be 21 or older, and the court mails your Letters and notices to the address you list.
- An estimate of the estate’s value. You need this only if a bond is required, but having it ready avoids a scramble later.
- The $375 filing fee or a fee waiver request. Without payment or an approved Motion to Waive Court Fees, the clerk will not open your case.
A quick tip: make two copies of the will before you hand over the original, because once it is filed you cannot get the original back easily.
Where to Get the Form and How to Access It
You download Form 1002ES free from the Utah Courts informal probate page, under the “With a Will” forms list. The official 1002ES application PDF is five pages long and shows the revision date of February 8, 2021 in the footer, so check that date to be sure you have the current version. Using an old version is a common reason packets get returned.
The same page links the companion forms you file with the application, including form 1158XX (the Probate Cover Sheet), 1007ES, 1008ES, 1010ES, and 1011ES. You will fill these out together as one packet, because the application alone does not get you appointed.
You can complete the form by typing into the PDF or printing it and writing by hand in dark ink. If you write by hand, print clearly in block letters, because a clerk who cannot read a name may reject the filing. Self-represented filers may file on paper or electronically, while attorneys must e-file through the Utah eFiling portal.
Step-by-Step: How to Fill Out Form 1002ES Line by Line
Work through the form in the order the boxes appear. The top of page 1 holds your contact block, then the case caption, then numbered paragraphs 1 through 11, and finally the signature block on page 5. Use the exact names from the official form as shown below.
Caption Block: Your Name, Address, Phone, and Email
The very top of page 1 asks for your Name, Address, City, State, Zip, Phone, and Email, plus a check box marking you as the Applicant or Applicant’s attorney.
To answer, print your full legal name and current mailing address, then check the box for Applicant if you are filing for yourself. Write your email carefully, because the form warns, “Check your email. You will receive information and documents at this email address.”
For example, Sarah Jensen writes her name, 742 Maple Drive, Sandy, UT 84070, her phone, and sarah.jensen@email.com, then checks Applicant.
A common nuance: if you use a P.O. Box for mail, list it here, but be ready to give a physical address if the court asks. People without a steady address should use a trusted relative’s address so notices do not bounce.
The most common mistake here is a typo in the email, which means you never receive your Letters or court notices and your case quietly stalls. A misconception is that this block is just for show; in reality it is the court’s only line to you, so treat it as critical.
Case Caption: District, County, and Estate Name
Below your contact block, the form reads “In the District Court of Utah,” followed by blanks for the Judicial District, County, Court Address, and “In the Matter of the Estate of ______ Deceased.”
To answer, fill in the judicial district number and county where you are filing, then the courthouse address, then the decedent’s full legal name on the “Estate of” line. Leave the Case Number and Judge blanks empty, because the clerk assigns those when you file.
For example, Sarah Jensen writes Third Judicial District, Salt Lake County, the Salt Lake courthouse address, and Robert Jensen on the estate line.
A nuance to watch: if the person died in one county but owned a cabin in another, you may file in either county’s district court. Filing in Utah County is special, since those papers must go to the Provo Courthouse or ProvoFiling@utcourts.gov.
The common mistake is naming the wrong county, which sends your case to a court without authority and forces a refiling. A misconception is that you pick the most convenient courthouse; you must use the county tied to residence or property.
Paragraph 1: Decedent (Person Who Died)
Paragraph 1 states, “The decedent, __ (name), died on _ (date) at the age of ___. At least five full days have passed since the death.”
To answer, write the decedent’s full legal name, the date of death, and their age at death. Confirm that at least five full days, which is 120 hours, have passed, as required by Utah Code 75-3-307.
For example, Sarah Jensen writes Robert Jensen, 03/02/2026, and age 68.
A nuance: count the five days from the moment of death, not the day you found out. If you file too early, the clerk will reject the application.
The common mistake is filing before the five-day window closes, which voids the early filing. A misconception is that the five days are business days; they are calendar days, counted as 120 straight hours.
Paragraph 2: Interest
Paragraph 2 reads, “I, __ (name of applicant), have an interest in this estate because I am (for example, the decedent’s spouse, child, parent, sibling): ____.”
To answer, write your name and your relationship to the decedent. This shows the court you have a legal reason to be involved.
For example, Sarah Jensen writes her name and daughter.
A nuance: if you are a named executor but not a relative, write your role, such as named personal representative in the will. Creditors should state creditor and remember the 45-day rule applies to them.
The common mistake is leaving the relationship vague, which makes the clerk question your standing. A misconception is that only blood relatives may file; named executors and creditors also have an interest.
Paragraph 3: Filing Location
Paragraph 3 asks you to confirm this is the correct court by choosing one box: the decedent “lived in this county at the time of death,” or “lived in ______ (county and state), but owned property in this county at the time of death.”
To answer, check the box that matches your facts and fill in any blank. This ties your case to the right court under Utah Code 75-3-201.
For example, Sarah Jensen checks “lived in this county at the time of death” because Robert lived in Salt Lake County.
A nuance: if the decedent lived out of state but owned a Utah home, check the second box and name the home state and county.
The common mistake is checking the residence box when the person actually lived elsewhere, which undermines the court’s authority. A misconception is that where you live matters; only the decedent’s residence or property location counts.
Paragraph 4: Current Personal Representative
Paragraph 4 is a fixed statement: “No personal representative has been appointed by a court in Utah or any other state.”
To answer, simply confirm this is true by leaving the statement as printed. You are certifying that no other court has already named someone.
For example, Sarah Jensen reads it and confirms no one else has been appointed for Robert’s estate.
A nuance: if another state already appointed a representative, informal probate is the wrong path and you should speak with a probate attorney about ancillary proceedings.
The common mistake is filing here when an out-of-state court already acted, which creates conflicting authority. A misconception is that this box only covers Utah; it covers any state.
Paragraph 5: Right to Be Appointed as Personal Representative
Paragraph 5 says the court should appoint you because you are 21 or older and have priority, then offers boxes such as “the will named me as the personal representative,” “I am the surviving spouse and the will named me to receive property,” “I am an heir,” “I am a creditor and 45 days have passed,” “I was nominated to serve,” and “Other.”
To answer, check the single box that fits your priority under Utah Code 75-3-203. This is the heart of your request to serve.
For example, Sarah Jensen checks “the will named me as the personal representative.”
A nuance: if you were nominated by the named executor who cannot serve, check “I was nominated to serve by someone named above” and attach the nomination.
The common mistake is checking a box you do not actually qualify for, which the registrar can catch and reject. A misconception is that being a child automatically gives top priority; the will’s named executor outranks you.
Paragraph 6: Persons With Greater or Equal Right to Appointment
Paragraph 6 asks you to choose one: “there is no person with a higher or equal priority for appointment,” or “each person with a higher or equal priority for appointment has in writing renounced the right to appointment and has nominated me to serve.” It then asks for your Address, Email address, and Phone number.
To answer, check the box that fits, then list your contact details again. If others have equal or higher priority, you must collect signed Renunciation forms first.
For example, Sarah Jensen, the only child and named executor, checks “there is no person with a higher or equal priority.”
A nuance: if you have three siblings with equal priority, each must sign a Renunciation, or the case becomes contested and converts to formal probate.
The common mistake is claiming no one has higher priority when a sibling does, which can get your appointment challenged and undone. A misconception is that a verbal “go ahead” is enough; the renunciation must be in writing.
Paragraph 7: Demand for Notice
Paragraph 7 explains that any interested person may file a “demand for notice,” then offers two boxes: one stating you are not aware of any demand for notice, and one stating you received or are aware of a demand from listed persons.
To answer, check the first box if no one has filed a demand for notice, which is the usual case. If someone has, check the second box and list their names.
For example, Sarah Jensen checks the box stating she is not aware of any demand for notice.
A nuance: a demand for notice means that person must receive copies of every future filing, so note it carefully if one exists.
The common mistake is ignoring a known demand for notice, which means you skip required mailings and can derail the case. A misconception is that this only matters at the start; a demand for notice applies throughout the case.
Paragraph 8: Decedent’s Survivors
Paragraph 8 provides a table to list everyone who survived the decedent, with columns for Relationship to Decedent, Name, Address, and Age (if minor). Rows include Spouse, Child, Parent, Sibling, Heir, and Other.
To answer, list every survivor with the right to notice, including all biological or adopted children, unless an adoption decree ended their inheritance rights. Add extra pages if you run out of rows.
For example, Sarah Jensen lists herself as Child, her brother Mark Jensen as Child, and her mother Linda Jensen as Spouse, each with addresses.
A nuance: if a child is a minor, you must list their age, since minors may need special protection in the case.
The common mistake is leaving out an heir, which can void the appointment when that person later surfaces. A misconception is that estranged or adult children can be skipped; all children must be listed.
Paragraph 9: Will
Paragraph 9 states, “The decedent made a will dated ______,” followed by certifications that this is the last will, that you know of nothing revoking it, and that a copy is attached while you keep the original.
To answer, write the date the will was signed and attach a copy, keeping the original to file with the court. This is the step that asks the court to probate the will.
For example, Sarah Jensen writes the will date 07/15/2019 for Robert’s will.
A nuance: if there are codicils, list the original will date here and attach the codicils too, since they amend the will.
The common mistake is entering the wrong will date or attaching an outdated version, which can put the wrong document into probate. A misconception is that you keep the original at home; the original must go to the court.
Paragraph 10: Time
Paragraph 10 reads, “I am filing this probate case within the required time period because not more than three years have passed since the person died.”
To answer, confirm the death happened within the last three years, as required by Utah Code 75-3-107. Informal probate is not available after three years.
For example, Sarah Jensen confirms Robert died on 03/02/2026, well within three years.
A nuance: if more than three years have passed, you cannot use this form and must pursue a different process, such as a determination of heirs, with a lawyer’s help.
The common mistake is filing past the three-year deadline, which the registrar will reject outright. A misconception is that the clock can be paused; the three years run from the death date with few exceptions.
Paragraph 11: Bond
Paragraph 11 explains that a bond guarantees you will do your duties, then offers “Bond is not required (Utah Code 75-3-603)” or “Bond is required because” the will requires it, an interested party asked for one, or a written demand was filed. A property-value table appears if a bond amount is needed.
To answer, check “Bond is not required” if the will waives bond, which most wills do. If a bond is required and no amount is stated, fill in the real property, personal property, annual income, and total value.
For example, Sarah Jensen checks “Bond is not required” because Robert’s will waives bond.
A nuance: even with a waiver, an interested person can demand a bond under Utah Code 75-3-605, which then requires you to post one.
The common mistake is checking “not required” when the will is silent and someone demands a bond, which stalls your appointment. A misconception is that bond is always waived; it depends on the will and on any demand.
Request and Signature Block (Page 5)
The final page lists four requests: that notice be given, that the will dated __ be informally probated, that you, named in the blank, be appointed to act “without bond” or “with bond in the amount of $_,” and that Letters Testamentary be issued. It ends with a declaration under criminal penalty, a “Signed at ___ (city, and state or country)” line, your Signature, the Date, and your Printed Name.
To answer, repeat the will date, write your full name as the proposed representative, check “without bond” if bond is waived, then sign and date. The signature is a sworn statement, so everything above it must be true.
For example, Sarah Jensen writes 07/15/2019 for the will date, prints her name, checks “without bond,” writes Salt Lake City, Utah, then signs and dates the form.
A nuance: you do not need a notary for the informal application, but your signature is made “under criminal penalty under the law of Utah,” so accuracy matters.
The common mistake is forgetting to sign or date, which makes the whole application invalid and forces a refiling. A misconception is that you can sign for a co-applicant; each person must sign their own form.
Three Filled-Out Examples Using Real Scenarios
These three walkthroughs show how different families complete the same form. Each follows one person from the top of page 1 to the signature on page 5.
Scenario 1: Sarah Jensen, named executor of her father’s will
| Form Section | What Sarah Enters |
|---|---|
| Caption block | Sarah Jensen, 742 Maple Drive, Sandy, UT 84070, checks Applicant |
| Case caption | Third District, Salt Lake County, Estate of Robert Jensen |
| Paragraph 1 (Decedent) | Robert Jensen, died 03/02/2026, age 68, five days passed |
| Paragraph 2 (Interest) | Sarah Jensen, relationship daughter |
| Paragraph 5 (Right to serve) | Checks the will named me as the personal representative |
| Paragraph 8 (Survivors) | Lists spouse Linda, children Sarah and Mark |
| Paragraph 9 (Will) | Will dated 07/15/2019, copy attached |
| Paragraph 11 (Bond) | Checks Bond is not required |
| Signature block | Checks without bond, signs in Salt Lake City, Utah |
Scenario 2: Mark Olsen, surviving spouse with a will that leaves him everything
| Form Section | What Mark Enters |
|---|---|
| Caption block | Mark Olsen, 18 Birch Lane, Logan, UT 84321, checks Applicant |
| Case caption | First District, Cache County, Estate of Anna Olsen |
| Paragraph 1 (Decedent) | Anna Olsen, died 01/10/2026, age 59, five days passed |
| Paragraph 2 (Interest) | Mark Olsen, relationship spouse |
| Paragraph 5 (Right to serve) | Checks I am the surviving spouse and the will named me to receive property |
| Paragraph 6 (Priority) | Checks no person with higher or equal priority |
| Paragraph 8 (Survivors) | Lists spouse Mark and adult child Ethan Olsen |
| Paragraph 9 (Will) | Will dated 11/02/2021, copy attached |
| Paragraph 11 (Bond) | Checks Bond is not required |
| Signature block | Checks without bond, signs in Logan, Utah |
Scenario 3: Janet Pugh, nominated to serve after the named executor declined
| Form Section | What Janet Enters |
|---|---|
| Caption block | Janet Pugh, 305 Canyon Rd, St. George, UT 84770, checks Applicant |
| Case caption | Fifth District, Washington County, Estate of Carl Pugh |
| Paragraph 1 (Decedent) | Carl Pugh, died 04/15/2026, age 81, five days passed |
| Paragraph 2 (Interest) | Janet Pugh, relationship daughter-in-law and nominee |
| Paragraph 5 (Right to serve) | Checks I was nominated to serve by someone named above |
| Paragraph 6 (Priority) | Checks each person with higher or equal priority has renounced and nominated me |
| Paragraph 8 (Survivors) | Lists children David Pugh and Susan Pugh |
| Paragraph 9 (Will) | Will dated 06/20/2018, copy attached |
| Paragraph 11 (Bond) | Checks Bond is required per will, amount listed |
| Signature block | Checks with bond, signs in St. George, Utah |
How to File the Completed Form
You file Form 1002ES along with the rest of your packet: the Probate Cover Sheet (1158XX), the original will, a certified death certificate, an Acceptance of Appointment, any Renunciation forms, and the proposed Statement of Informal Probate and Letters. The filing fee is $375 to open the case.
- In person or by mail. Self-represented filers may bring the packet to the clerk of the district court in the correct county, or mail it. Pay the $375 by cash, check, or card at the counter, and ask for a stamped copy as your proof of filing. Processing usually takes a few days to a couple of weeks.
- Utah County filers. If you file in Utah County, you must use the Provo Courthouse, either in person or by email to ProvoFiling@utcourts.gov.
- Electronic filing. Attorneys must e-file through the Utah State Bar eFiling Portal, which routes to the Utah Courts eFiling system. Self-represented filers may also e-file but are not required to. The portal charges the same $375 plus a small service fee, accepts card payment, and gives you an electronic receipt as proof.
Keep your stamped or electronic receipt, since it is your evidence that the case is open. If you cannot afford the fee, file a Motion to Waive Court Fees with the required Statement in Support and proposed Order.
What Happens After You File
Once the packet is in, the court registrar reviews it without a hearing. In some cases, the court mails notice of the application to the interested persons you listed, and if no one objects within the time limit, the registrar appoints you under Utah Code 75-3-306. This is why listing every heir correctly matters so much.
If approved, the court signs the Statement of Informal Probate and issues your Letters Testamentary, the document that proves your authority. Ask the clerk for at least one certified copy, which costs about $4 plus 50 cents per page, because banks, title companies, and insurers will demand a certified copy before releasing assets.
After appointment, you may publish notice to creditors under Utah Code 75-3-801, though it is optional. If any interested person refuses to sign a Waiver of Notice or files an objection, the case converts to formal probate with a hearing, and mediation may be required.
Mistakes to Avoid When Filling Out the Form
- Filing before five full days pass. The registrar rejects any application filed within 120 hours of death.
- Filing after three years. Informal probate is closed once three years pass since the death, forcing a different and harder process.
- Filing the wrong county. Naming a county with no tie to residence or property sends your case to a court without authority.
- Submitting a photocopy of the will. The court needs the original, so a copy alone stops the will from being probated.
- Forgetting the certified death certificate. Without it, the clerk cannot confirm the death and holds the case.
- Leaving out an heir in Paragraph 8. A missing heir can void your appointment when that person later appears.
- Claiming top priority you do not have. Overstating your priority in Paragraph 5 can get your appointment challenged.
- Skipping required Renunciation forms. If others share equal priority, missing signatures turn the case contested.
- Mistyping your email in the caption block. A wrong email means you never receive your Letters or court notices.
- Forgetting to sign and date page 5. An unsigned application is invalid and must be refiled, costing weeks.
- Checking “bond not required” when one is demanded. This mismatch stalls your appointment until you post bond.
Do’s and Don’ts
Do:
- Do keep two copies of the will before filing, because the court keeps the original.
- Do confirm the five-day and three-year windows, since both are firm deadlines under the probate statutes.
- Do list every survivor and heir, because the court relies on this list to give notice.
- Do collect signed Renunciation forms early if others share your priority.
- Do ask for certified copies of your Letters, since third parties require them.
- Do double-check your email and address, because that is how the court reaches you.
Don’t:
- Don’t file in a convenient county; use the one tied to residence or property.
- Don’t overstate your priority to serve, because the registrar can catch it.
- Don’t skip any heir, even an estranged or adult child.
- Don’t mail the original will and assume you can retrieve it later.
- Don’t sign before every box is true, since you sign under criminal penalty.
- Don’t assume informal probate works if anyone objects; it then turns formal.
Pros and Cons of Filing on Your Own vs. With Help
Filing informal probate yourself can save money, but some estates are complex enough to warrant a lawyer. Here is how the two paths compare.
| Filing Pro Se (On Your Own) | Filing With an Attorney |
|---|---|
| Saves on attorney fees, since the form is free and the court fee is $375 | Costs more, often 2% to 4% of estate value, but spreads the workload |
| Works well when everyone agrees and the estate is simple | Best when heirs disagree or the case may turn formal |
| Gives you full control over timing and contact with the court | Reduces your stress by handling deadlines and filings for you |
| Risks rejection if a box is wrong, costing weeks of delay | Lowers the risk of rejection through experienced review |
| Forces you to learn the priority rules and notice steps yourself | Provides legal advice on bonds, taxes, and creditor claims |
A pro to going alone is speed for cooperative families, while a con is the steep learning curve. A pro to hiring help is fewer mistakes, while a con is the added cost on top of the $375 fee.
FAQs
Do I need a lawyer to file Form 1002ES?
No. Self-represented filers may complete and file the form on their own when everyone agrees, though a lawyer helps if the estate is complex or anyone objects.
Do I have to wait before filing after the death?
Yes. You must wait at least five full days, which is 120 hours, after the death before the court will accept the application under Utah Code 75-3-307.
Do I have a deadline to file informal probate?
Yes. You must file within three years of the death; after that, informal probate is closed and you need a different process under Utah Code 75-3-107.
Do I file the original will or a copy?
Yes, you file the original will with the court and attach a copy to the application, since the court keeps the original on record.
Do I write my relationship in Paragraph 2 or just my name?
Yes, you write both your name and your relationship, such as daughter or spouse, so the court sees your legal interest in the estate.
Do I list adult children in Paragraph 8, or only minors?
Yes, you list all children, adult and minor, and add the age only for minors, because every child has a right to notice.
Do I check “Bond is not required” if the will is silent on bond?
No. If the will does not waive bond and no one demands one, confirm the rule under Utah Code 75-3-603, but a later demand can still require a bond.
Do I need a notary for the application?
No. The informal application is signed under criminal penalty rather than before a notary, so your signature alone is enough.
Do I leave the Case Number and Judge blanks empty?
Yes, you leave the Case Number and Judge lines blank, because the clerk fills those in when your case is opened.
Do I have to file in the county where I live?
No. You file in the county where the decedent lived or owned property at death, not where you live, under Utah Code 75-3-201.
Do I need Renunciation forms if I share priority with siblings?
Yes. Each person with equal or higher priority must sign a written Renunciation, or the case becomes contested and converts to formal probate.
Do I get certified copies of my Letters automatically?
No. You must ask the clerk for certified copies, which cost about $4 plus 50 cents per page, and banks and title companies will require them.
Do I pay a filing fee, and how much is it?
Yes. The fee to open the case is $375, payable by cash, check, or card, unless the court approves a fee waiver.
Do I have to publish notice to creditors after appointment?
No. Publishing notice to creditors is optional under Utah Code 75-3-801, but it helps if you do not know about all of the decedent’s debts.
Related reading
- How to Fill Out the Arizona Informal Probate Application (w/ Examples) + FAQs
- How to Fill Out the Utah Final Account and Petition for Distribution (Plus FAQs)
- How to Fill Out the Utah Inventory and Appraisement of the Estate + FAQs
- How to Fill Out the Utah Small Estate Affidavit (w/ Examples) + FAQs
- How to Fill Out Hawaii Application for Informal Probate (Form 4-2) + FAQs
- How to Fill Out the Idaho Application for Informal Probate + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs