If you’re handling a loved one’s estate in Utah and there’s no will, you might need to file an heirship affidavit to transfer property or bank accounts. One of the first practical questions people ask is: how much does it cost to file? That’s where Utah heirship affidavit court fees come in they’re the official charges you pay to the county clerk or probate court when submitting the document. These aren’t optional extras; they’re required before your affidavit becomes part of the court record.

What exactly are Utah heirship affidavit court fees?

Utah heirship affidavit court fees are the filing charges imposed by the county where you submit the affidavit usually the county where the deceased person lived or owned real property. These fees cover administrative processing, docketing, and record-keeping. They’re separate from notary fees, attorney costs, or title company charges. As of 2024, most Utah counties charge between $25 and $40 to file an heirship affidavit, though some may vary slightly depending on local court rules or whether additional forms (like a cover sheet or certified copy request) are included.

When do you actually pay these fees?

You pay the fee when you physically or electronically submit the signed and notarized affidavit to the county clerk’s office. You won’t be charged just for drafting it or consulting an attorney. If you’re using the affidavit to clear title to land, many title companies will ask for proof of filing which means you’ll need that stamped, filed copy showing payment was made. For smaller estates with only personal property (like a car or bank account), some institutions accept the affidavit without filing but that doesn’t eliminate the fee if you later need court validation.

Where do you pay them and how?

You pay at the county clerk’s office in the county where the decedent resided or where the real property is located. Most offices accept cash, check, or credit card (with a small processing fee). Some counties, like Salt Lake County, allow online filing through their e-filing portal but even then, the same base court fee applies. You can find current fee schedules on individual county clerk websites or review our detailed breakdown of court fees by county.

Common mistakes people make with heirship affidavit court fees

  • Paying the wrong amount assuming all counties charge the same, or confusing the heirship affidavit fee with probate filing fees (which are higher and apply only if you open a formal estate).
  • Skipping filing altogether thinking a notarized affidavit is enough. Without court filing, it has limited legal weight for real estate transfers or financial institutions.
  • Mixing up fees adding notary fees ($10–$15), certified copy requests ($2–$5), or recording fees (if later filing with the county recorder) into the court filing fee itself. These are separate line items.

How to estimate your total out-of-pocket costs

The court filing fee is just one piece. A realistic total includes: the county clerk’s filing fee, notary service (often $10–$15), and possibly a certified copy ($3–$5) if the institution requires it. If you’re transferring real property, you may also pay a separate recording fee to the county recorder usually around $15–$20. For help estimating everything together, see our step-by-step cost estimation guide.

What if you can’t afford the court fee?

Utah allows fee waivers for those who qualify based on income and household size. You’ll need to complete a Fee Waiver Request (Form 3-907) and provide documentation like recent pay stubs or benefit letters. The form is accepted in all Utah district courts and most county clerks’ offices. You can download it directly from the Utah Courts website.

Next step: Get your affidavit filed correctly

Before heading to the clerk’s office, double-check that your affidavit meets Utah Code § 75-3-1201 requirements: signed by at least two disinterested witnesses, notarized, and includes full names, relationships, and dates of death. Then, bring exact payment (or check the county’s accepted methods), a printed copy of the affidavit, and ID. Once filed, ask for a stamped copy that’s your proof of payment and filing date. For a full list of what to bring and avoid, see our filing checklist.