Who Qualifies (Utah Code § 75-3-1201)
The Utah small estate affidavit is available when all of the following are true:
- At least 30 days have elapsed since the date of death
- The gross value of the decedent's personal property does not exceed $100,000 — calculated before subtracting debts
- No probate proceeding is pending or has been commenced in any state
- You are an heir or successor entitled to the property under the will or Utah intestacy law
- There is no real estate in the estate (or the real estate passes some other way — through joint tenancy, trust, etc.)
Utah is not a community property state. All personal property titled in the decedent's name alone counts toward the $100,000 threshold. This is different from community property states like Arizona or Idaho, where only the decedent's half-interest in community property counts. Named beneficiary accounts (IRA, 401k, life insurance, POD/TOD) are not included in the threshold — they transfer directly without an affidavit.
What the Affidavit Must Include
- The affiant's full name and relationship to the deceased
- The deceased's name and date of death
- A statement that at least 30 days have elapsed since the date of death
- A statement that no probate proceeding is pending or has been commenced
- A statement that the gross value of personal property does not exceed $100,000
- A statement that the affiant is entitled to the property as heir or successor
- A description of the specific property being claimed
The affidavit must be signed under oath before a notary public. Many banks and financial institutions have their own internal small estate affidavit form — ask the institution before drafting your own, as their form may be more readily accepted at their branches.
How to Use the Affidavit
- Have the affidavit signed and notarized
- Gather a certified copy of the death certificate
- Bring your government-issued photo ID
- Bring a copy of the will (if one exists — not legally required, but often requested)
- Present to the financial institution holding the assets
The institution is legally required to comply. If a teller is unfamiliar with the procedure, ask to speak with a branch manager. If the institution refuses without legal cause, they may be held liable.
What the Affidavit Does NOT Cover
- Real estate: Utah real property requires probate (or another non-probate transfer mechanism like JTWROS, trust, or beneficiary deed) — the small estate affidavit covers personal property only.
- Estates over $100,000: If the gross personal property exceeds $100,000, full probate is required.
- Named beneficiary accounts: IRAs, 401(k)s, life insurance, POD/TOD accounts transfer directly to named beneficiaries — no affidavit needed and they don't count toward the threshold.
- Joint accounts: Accounts with a surviving joint owner pass automatically.
- Creditor obligations: Using the affidavit does not eliminate the estate's debts. Heirs who collect assets under the affidavit may be personally liable to creditors up to the value of assets received.
Example — Qualifying estate: The deceased left $65,000 in a bank account, a vehicle worth $24,000, and personal property worth $8,000. Gross total: $97,000. No real estate. All assets are titled in the deceased's name alone. This estate qualifies for the Utah small estate affidavit. After 30 days from death, the heir can collect all assets by presenting the affidavit and death certificate — zero probate, zero court fees.
Example — Not qualifying: The deceased left $75,000 in accounts, a vehicle worth $30,000, and a condominium. The condo alone requires probate regardless of value (it's real property titled in the deceased's name). Even if the condo could be excluded, the personal property alone totals $105,000 — over the threshold. Full probate is required.
Example — Not qualifying: The deceased left $75,000 in accounts, a vehicle worth $30,000, and a condominium. The condo alone requires probate regardless of value (it's real property titled in the deceased's name). Even if the condo could be excluded, the personal property alone totals $105,000 — over the threshold. Full probate is required.
More Utah Probate Guides
- Utah Informal Probate: Opening an Estate Without a Court Hearing
- Utah Probate Timeline: Key Deadlines for Personal Representatives
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