The small estate affidavit in Utah

Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property … belonging to the decedent shall pay the indebtedness or deliver the tangible personal property … to a person claiming to be the successor of the decedent, upon being presented with an affidavit made by or on behalf of the successor stating that:

(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 elapsed since the death of the decedent;

Utah · general information · checked October 24, 2026 · Utah Code §75-3-1201(1)(a)–(b)

A small estate affidavit is not filed with the court. Instead, the decedent's successor fills out the form, signs it in front of a notary, and gives it to any third parties, such as the bank.

A small estate affidavit may be used if:

the entire value of the estate is under $100,000,

there is no real property,

A small estate affidavit cannot be used to transfer title to real property like land or a house.

Utah · general information · checked October 24, 2026 · Utah State Courts, Small Estates

Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property … belonging to the decedent shall pay the indebtedness or deliver the tangible personal property … to a person claiming to be the successor of the decedent, upon being presented with an affidavit made by or on behalf of the successor stating that:

(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 elapsed since the death of the decedent;

Utah · general information · checked October 24, 2026 · Utah Code §75-3-1201(1)(a)–(b)

A small estate affidavit is not filed with the court. Instead, the decedent's successor fills out the form, signs it in front of a notary, and gives it to any third parties, such as the bank.

A small estate affidavit may be used if:

the entire value of the estate is under $100,000,

there is no real property,

A small estate affidavit cannot be used to transfer title to real property like land or a house.

Utah · general information · checked October 24, 2026 · Utah State Courts, Small Estates

A small estate affidavit is not filed with the court. Instead, the decedent's successor fills out the form, signs it in front of a notary, and gives it to any third parties, such as the bank.

A small estate affidavit may be used if:

the entire value of the estate is under $100,000,

there is no real property,

A small estate affidavit cannot be used to transfer title to real property like land or a house.

Utah · general information · checked October 24, 2026 · Utah State Courts, Small Estates

Probate is required if:

the estate includes real property (land, house, condominium, mineral rights) of any value, and/or

the estate has assets (other than land, and not including cars) whose net worth is more than $100,000.

Utah · general information · checked October 24, 2026 · Utah State Courts, Informal Probate

Probate is required if:

the estate includes real property (land, house, condominium, mineral rights) of any value, and/or

the estate has assets (other than land, and not including cars) whose net worth is more than $100,000.

Utah · general information · checked October 24, 2026 · Utah State Courts, Informal Probate

The Motor Vehicle Division of the State Tax Commission shall transfer title of not more than four boats, motor vehicles, trailers, or semitrailers … from the decedent to the successor or successors upon presentation of an affidavit

Utah · general information · checked October 24, 2026 · Utah Code §75-3-1201(3)

There is a separate affidavit that can be used to claim title to up to four boats, motor vehicles, trailers, or semi-trailers registered under Utah law.

Utah · general information · checked October 24, 2026 · Utah State Courts, Small Estates