Utah publishes no schedule and takes no share of the estate: Utah Code § 75-3-718(1) entitles a personal representative and an attorney to reasonable compensation for their services.
Loading calculator...
Does this estate need probate at all?
Executor pay only applies once the process is clear. Answer a few questions to see whether Utah probate is likely.
Settling an estate right now? Answer a few questions for a free preview: how many steps your state requires, and your first deadline set by statute. No signup to start. The full plan is a paid upgrade.
What the Calculator Uses in UtahThe method behind the estimate, and what it leaves out
Utah has no statutory compensation formula to apply, so this page presents the rule rather than a computed fee. Compensation is reasonable compensation for the services under Utah Code § 75-3-718(1), fixed at the amount sought where a petition seeking approval draws no objection from an interested person, and determined by the district court on the quality, quantity and value of the services where somebody does object. A compensation provision in the will controls unless the personal representative renounces it before qualifying under Utah Code § 75-3-718(3). No dollar figure here is a court order, and the $375 filing fee under Utah Code § 78A-2-301(1)(a), attorney fees, any surety bond premium and recording costs are all separate charges.
The estimate is a starting point, not a guaranteed fee. Courts can still review the work performed, the estate documents, and whether the representative is seeking compensation for services beyond the ordinary baseline.
What affects the feeOrdinary rules, extraordinary services, and tax consequences
Ordinary Fee Rule
The estimate begins with the state-specific ordinary compensation method, not a one-size-fits-all national formula.
Extraordinary Services
Sales of real property, business management, litigation, tax work, and unusual court proceedings can justify additional compensation in some estates.
Tax Consequences
Executor compensation is usually treated differently from the inheritance itself, which is why many fiduciaries consider whether waiving the fee creates a better tax result.
What to Compare Alongside CompensationTotal administration cost, the executor role, and court contacts
The fee only makes sense in context. If the estate is simple, the ordinary compensation may be easy to estimate. If the estate has title problems, creditor disputes, or tax issues, total administration cost and effort may matter more than the baseline executor figure.
How much does a personal representative get paid in Utah?
There is no set amount and no statutory schedule. Utah Code § 75-3-718(1) entitles a personal representative to reasonable compensation for services, and Utah publishes no table of rates anywhere in Title 75. Any share-of-the-estate figure quoted for Utah has been carried over from another state. What Utah does supply instead is a procedure: an unopposed petition seeking approval of compensation fixes the reasonable amount at what the petition asks for, and an objection sends the question to the district court.
What happens if nobody objects to the fee in Utah?
The petition settles it. Utah Code § 75-3-718(1) provides that where a petition directly or indirectly seeks approval of the compensation of the personal representative or of the attorney and no interested person objects, the reasonable compensation is the compensation sought in the petition. That is a real rule rather than a description of what usually happens, and it makes the amount stated in the petition the operative figure. Ask for something defensible, because nobody is going to negotiate it down for you and the number you write is the one that stands.
Who has to be told about the fee, and when, in Utah?
Everybody with an interest, at least 10 days ahead. Utah Code § 75-3-718(2) requires the petitioner or the attorney for the petitioner, at least 10 days before the hearing on a petition seeking approval of or objecting to compensation, to send a copy of the petition to all interested persons by certified mail, registered mail or first class mail, or by hand delivery. Miss that and the hearing is not properly before the court. The same subsection is what turns the unopposed-petition rule into something fair: the amount only becomes reasonable by default because everyone entitled to object has been handed the number in advance.
What does a Utah court look at if somebody objects?
Utah Code § 75-3-718(1) tells the court what to weigh. Where an interested person objects to the compensation of the personal representative, the court determines the amount on the quality, the quantity and the value of the services rendered to the estate, and the circumstances in which those services were rendered, including the practice for other fiduciaries in similar circumstances. Where the objection is to the attorney compensation, the court determines that instead. The test is about the work actually done rather than about the size of the estate, so a large estate that took little work does not carry a large fee.
What if the will already sets the fee in Utah?
The will governs unless the personal representative gets out of it in time. Utah Code § 75-3-718(3) provides that where the will provides for the compensation of the personal representative and there is no contract with the decedent about it, the personal representative may renounce the provision BEFORE QUALIFYING and be entitled to reasonable compensation instead. The same subsection also lets a personal representative renounce all or any part of the compensation by a written renunciation filed with the court. Read the compensation clause before accepting the appointment: someone who qualifies first and objects later has already taken the will figure.
Can a Utah court review the fee after it has been paid?
Yes, and the review reaches the professionals too. Utah Code § 75-3-720 lets the court, on the petition of an interested person or on motion in a supervised administration and after notice to all interested persons, review the propriety of employing any person including an attorney, an auditor or an investment advisor, the reasonableness of that person compensation, and the reasonableness of the compensation the personal representative set for the personal representative own services. Anyone who has received excessive compensation may be ordered to make an appropriate refund. Keep contemporaneous records of what was done and when, because that is the evidence the court weighs.
Is the person in charge called an executor or a personal representative in Utah?
Utah says personal representative. Utah adopted the Uniform Probate Code as Utah Code Title 75, and that is the statutory term throughout, covering both a person named in a will and someone appointed where there is no will. Executor is still the word most families use, which is why this page answers to both.
Is executor compensation taxable in Utah?
A fee for serving is taxable income to the person who takes it, while an inheritance is not. That difference often decides whether taking the fee actually leaves a family member better off, because the same money frequently reaches them either way. Review the income-tax and estate-accounting effects before petitioning for compensation or waiving it.
Can a Utah personal representative waive the fee?
Yes, and Utah gives the waiver a form. Utah Code § 75-3-718(3) lets the personal representative renounce all or any part of the compensation by a written renunciation filed with the court, so the choice can be put on the record rather than left as an understanding. Someone who is also the main beneficiary commonly does waive, because the money then arrives as an inheritance rather than as income. Document it, since it changes the federal tax picture and what the other beneficiaries expect.
Are attorney fees separate from the executor fee in Utah?
They are two charges, and Utah handles both in one section. Utah Code § 75-3-718(1) entitles the attorney as well as the personal representative to reasonable compensation, applies the same unopposed-petition rule to the attorney fee, and sends an objection to the attorney fee to the court in the same way. Utah sets no percentage schedule for either role, so the attorney fee is agreed between the client and the lawyer and is then reviewable. Utah Code § 75-3-720 reaches the attorney fee too, since it lets the court examine the propriety of employing an attorney at all, not only the size of the bill. Both are administration expenses paid from the estate, and both are separate from the $375 court filing fee under Utah Code § 78A-2-301(1)(a).
Official Sources and Further ReadingOfficial references used for this page
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Utah can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
More Utah Resources
Explore the rest of the Utah probate hub.
Start here
Do I need probate?5 pagesFor the executor4 pagesMoney and taxes5 pagesFamily and inheritance5 pagesTransfer assets5 pagesFile and learn5 pages
Reasonable compensation under Utah Code 75-3-718
Utah sets no percentage of any kind for a personal representative or an estate attorney. Utah Code 75-3-718 allows reasonable compensation, and its distinctive rule is that an unopposed petition fixes the reasonable amount at what the petition asks for: where a petition seeks approval of compensation and no interested person objects, the compensation sought IS the reasonable compensation. An objection sends the question to the judge, who decides on the quality, quantity and value of the services and the circumstances in which they were rendered. A copy of the petition has to reach every interested person at least 10 days before the hearing. Utah Code 75-3-720 lets the court review the reasonableness of compensation afterwards and order a refund of anything excessive.
$
Enter the estate value as context for a Utah reasonableness review, not as a statutory fee base. Utah publishes no percentage and no fee table, so no figure is computed from this number.