Small Estate Affidavit in Utah
How to collect a loved one's property in Utah without full probate: the dollar limit, waiting period and official form.
Short answer: 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… Utah Code §§ 75-3-1201, 75-3-1202
| Small estate affidavit | 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. Section 75-3-1201 was amended effective May 7, 2025 (2025 Utah Laws ch. 123) to exclude water company shares; the $100,000 limit did not change. A holder who wrongly refuses to honor a proper affidavit may be liable for up to three times the property's value plus costs and attorney fees. |
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| Simplified probate | Utah follows the Uniform Probate Code, so most estates can use informal probate (an application to the court's registrar, without a hearing) rather than formal court-supervised proceedings. For very small estates, if the inventory shows the estate (less liens) is worth no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute immediately without notice to creditors and close the estate by a verified closing statement. |
| Deadline for creditor claims | If the personal representative publishes a notice to creditors (once a week for three successive weeks in a newspaper of general circulation in the county, and as required by Utah Code § 45-1-101), claims arising before death must be presented within three months after the first publication. A creditor who is mailed or given written notice has until the later of 90 days after the published notice or 60 days after the mailing or delivery. In any event, claims are barred if not presented within one year after death. These limits do not prevent enforcement of a mortgage or other lien on estate property, claims covered by liability insurance (to the policy limits), or Medicaid recovery. A person collecting by small estate affidavit may publish a notice to creditors by affidavit. Source: Utah Code §§ 75-3-801, 75-3-803 |
Official forms
- Survivorship Affidavit for vehicles and boats (Utah State Tax Commission form TC-569C)
- Survivorship Affidavit for vehicles and boats (TC-569C)
More Utah estate law
- Medical Power of Attorney in Utah
- Power of Attorney in Utah
- Quitclaim Deeds and Transferring Property in Utah
- Who Inherits If You Die Without a Will in Utah
- How to Make a Valid Will in Utah
- How Probate Works in Utah
- Living Wills and Advance Directives in Utah
- Revocable Living Trusts in Utah
- Executor Duties in Utah
- Letters Testamentary in Utah
- Affidavit of Heirship in Utah
- How to Avoid Probate in Utah
- Transferring a Car After Someone Dies in Utah
- All Utah wills, probate and estate rules
FAQ
What is the small estate limit in Utah?
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.
Is there a simplified probate process in Utah?
Utah follows the Uniform Probate Code, so most estates can use informal probate (an application to the court's registrar, without a hearing) rather than formal court-supervised proceedings. For very small estates, if the inventory shows the estate (less liens) is worth no more than the homestead allowance, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute immediately without notice to creditors and close the estate by a verified closing statement.
How long do creditors have to file claims against an estate in Utah?
If the personal representative publishes a notice to creditors (once a week for three successive weeks in a newspaper of general circulation in the county, and as required by Utah Code § 45-1-101), claims arising before death must be presented within three months after the first publication. A creditor who is mailed or given written notice has until the later of 90 days after the published notice or 60 days after the mailing or delivery. In any event, claims are barred if not presented within one year after death.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.