How to Avoid Probate in Utah

Non-probate transfers available in Utah: (1) Transfer on death deed for real estate, recorded before death, with an optional statutory form (Utah Code §§ 75-6-401 to 75-6-416). (2) Joint bank accounts belong to the surviving party, and P.O.D. accounts pass to the named payee (Utah Code § 75-6-104). (3) Transfer-on-death registration of securities in beneficiary form (Utah Code Title 75, Chapter 6, Part 3). (4) Survivorship affidavit to transfer up to four vehicles, boats, trailers or semi-trailers when the rest of the estate subject to administration is $100,000 or less (Utah State Tax Commission form TC-569C, under Utah Code § 75-3-1201). (5) Small estate affidavit for personal property (Utah Code § 75-3-1201). (6) Revocable living trust (Utah Code Title 75B, Chapter 2).

Thirty days after the death, a successor may collect money owed to the decedent and tangible personal property (including instruments such as stock certificates) by presenting an affidavit stating that the value of the entire estate subject to administration, wherever located, less liens and encumbrances, is not more than $100,000; that 30 days have passed since the death; that no petition to appoint a personal representative is pending or granted anywhere; and that the successor is entitled to the property. The affidavit is not filed with the court; it is signed before a notary and given to the bank or other holder. Up to four registered boats, motor vehicles, trailers or semitrailers may also be transferred through the Motor Vehicle Division on the affidavit (with the $100,000 figure computed excluding those vehicles). Water company shares are not eligible. The Utah courts' guidance states this procedure is not used for real property.

Yes, under the Uniform Real Property Transfer on Death Act. A transfer on death deed must contain the essential elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, and be recorded before the owner's death in the county recorder's office where the property is located. It requires the same capacity as a will, needs no notice to, delivery to or acceptance by the beneficiary and no consideration, and cannot name a class of beneficiaries. It is revocable only by a later recorded and acknowledged instrument (not by a will or by destroying the deed). The statute includes an optional form.