Probate
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Small Estate Affidavit in Utah: Collecting a Loved One's Property Without Probate

General information, not legal advice. Read the full disclaimer.

Short answer: Under Utah Code § 75-3-1201, 30 days after a person dies, anyone who owes the decedent money or holds the decedent's tangible personal property must pay or deliver it to a person claiming to be the successor who presents an affidavit stating: (a) the value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000; (b) 30 days have passed since the death; (c) no application or petition for appointment of a personal representative is pending or has been granted anywhere; and (d) the claimant is entitled to the property. Stock transfer agents must also change ownership on the same affidavit, and the Motor Vehicle Division must transfer title to up to four boats, motor vehicles, trailers or semitrailers (the $100,000 test then excludes those vehicles). Water company shares are excluded.

Who this guide is for

Utah families handling a modest estate — a bank account, a vehicle, final paychecks, personal belongings — who want to avoid a probate court case.

What the affidavit can collect

According to § 75-3-1201:

  • Money owed to the decedent (for example, a bank account, final wages, a refund) and tangible personal property (furniture, jewelry, tools), plus instruments evidencing a debt or stock.
  • Up to four titled boats, motor vehicles, trailers or semitrailers, transferred by the Motor Vehicle Division on the affidavit and payment of fees.
  • Not water company stock that is transferred under the water statutes or the UCC.

The statute is about collecting personal property and debts. It doesn't give you a way to transfer real estate. For a house or land, you'll need a TOD deed that was recorded before death, a probate case, or another method. See Utah Transfer on Death Deeds and Do You Need Probate in Utah?.

The four statements you must be able to swear to

  1. The estate subject to administration, less liens and encumbrances, is not more than $100,000. Count all probate assets wherever located. Assets that pass outside probate (joint accounts, life insurance with a beneficiary, retirement accounts with a beneficiary, TOD deeds) generally don't count toward probate estate value; confirm with the holder.
  2. At least 30 days have passed since the death.
  3. No one has applied to be personal representative, anywhere.
  4. You are entitled to the property — as a will beneficiary or an heir under intestacy. See Utah Intestate Succession.

Effect of the affidavit

Section 75-3-1202 says a person who pays or delivers property in reliance on a proper affidavit is released as if they had dealt with a personal representative, and is not required to check the truth of the statements. The person who signs, though, is answerable to anyone with a superior right to the property, so don't sign unless the facts are true.

Steps

  1. Get certified copies of the death certificate.
  2. Wait the 30 days and list the estate's assets and debts.
  3. Prepare an affidavit with the four statements, signed under oath (notarized), for each holder. Some banks and agencies have their own form; many accept a Utah-law affidavit.
  4. Give it to each holder (bank, employer, transfer agent, Motor Vehicle Division for vehicles).
  5. Pay the debts and expenses you are responsible for. See Creditor Claims Against a Utah Estate.
  6. Keep records and distribute only what you're entitled to.

When the affidavit doesn't fit

  • The estate is over $100,000, or there's real estate that must pass through probate. See Utah's Informal Probate Process.
  • There's a dispute over who inherits or whether a will is valid. See Contested Probate in Utah.
  • A bank won't honor the affidavit or the successors disagree.
  • Very small estates in an open probate: § 75-3-1203 lets a personal representative skip creditor notice and distribute immediately if the estate (after liens) doesn't exceed the homestead allowance, exempt property, family allowance, administration costs, funeral costs and last-illness medical expenses, then file a closing statement.

Costs and cautions

There is no court filing fee to give an affidavit to a bank, because no court case is opened; confirm any holder-specific costs. Don't distribute assets without considering creditors, funeral bills and taxes, and keep in mind that successors can be personally responsible if they take property they aren't entitled to.

Frequently asked questions

What is the Utah small estate limit?

$100,000 for the entire estate subject to administration, less liens and encumbrances.

How long do I have to wait?

Thirty days after death.

Can I transfer a house with a small estate affidavit?

The statute addresses debts, tangible personal property and certain vehicles, not real estate.

Can I transfer a car?

Yes, up to four boats, vehicles, trailers or semitrailers through the Motor Vehicle Division, with the affidavit and fees.

Do I need a lawyer?

Not required, but consider one if the estate is complicated or contested.