Utah Small Estate Affidavit
In Utah a successor can use a small estate affidavit to collect a decedent's personal property when the estate is worth $100,000 or less, once 30 days have passed since death, without full probate. Attorney review available.
Introduction
A small estate affidavit is a signed, sworn statement an heir uses in place of probate to collect a decedent's personal property when the estate is small enough to qualify. In Utah that shortcut lives in Utah Code Section 75-3-1201: a person claiming to be the successor presents the affidavit to whoever owes the decedent a debt or holds the decedent's tangible personal property, including an instrument evidencing a debt, obligation, stock, or chose in action, and the holder pays the debt or delivers the item to the successor. Two conditions govern it. First, 30 days must pass after the death before the affidavit may be presented. Second, the value of the entire estate subject to administration, wherever located and net of liens and encumbrances, must stay at or below $100,000. The affidavit is confined to personal property: on the same paper the State Tax Commission Motor Vehicle Division will retitle as many as four boats, motor vehicles, trailers, or semitrailers to the successor, yet water shares fall outside what it can gather, and Utah land or buildings cannot be moved this way. The successor also swears that no one has a pending or granted application to serve as personal representative anywhere, and that the successor is the person entitled to the property. DocDraft assembles your Utah affidavit from the details you enter, with attorney review available before you sign.
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Key Things to Know
- 1
A small estate affidavit is a signed, sworn statement an heir uses in place of probate to collect a decedent's personal property, and in Utah it is the collection-by-affidavit procedure set out in Utah Code Section 75-3-1201.
- 2
The affidavit works only if the entire estate subject to administration, wherever located and net of liens and encumbrances, sits at or below $100,000 (Utah Code Section 75-3-1201).
- 3
The successor cannot present the affidavit until 30 days have passed since the death (Utah Code Section 75-3-1201).
- 4
Because that ceiling is measured after liens and encumbrances, a secured debt against an asset shrinks the figure that counts toward the $100,000.
- 5
On the same affidavit the State Tax Commission Motor Vehicle Division will retitle up to four boats, motor vehicles, trailers, or semitrailers to the successor (Utah Code Section 75-3-1201).
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Water shares are carved out of what the affidavit can gather, and Utah land or buildings never pass by this affidavit; real property runs through probate or summary administration instead.
- 7
The successor swears that no application or petition to appoint a personal representative is pending or granted in any jurisdiction and that the successor is entitled to the property, then hands the affidavit straight to the holder rather than a court.
Key decisions before you file
Before you file a Small Estate Affidavit in Utah, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Utah Requirements for Small Estate Affidavit
30-Day Waiting Period
In Utah a small estate affidavit may not be used until at least 30 days have elapsed since the date of the decedent's death (Utah Code Section 75-3-1201). The affidavit states that this 30-day period has passed.
$100,000 Value Limit
The affidavit is available only when the value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000 (Utah Code Section 75-3-1201). Secured debts reduce the value that counts toward the limit.
Personal Property Only, No Real Estate
The Utah affidavit reaches personal property. Water shares are excluded, and it cannot transfer Utah real estate, which must go through probate or summary administration (Utah Code Section 75-3-1201).
Up to Four Vehicles Titled Through the MVD
The Motor Vehicle Division of the State Tax Commission will transfer the title of not more than four boats, motor vehicles, trailers, or semitrailers from the decedent to the successor on presentation of the affidavit (Utah Code Section 75-3-1201).
No Personal Representative Pending
The affiant must state that no application or petition for the appointment of a personal representative for the decedent is pending or has been granted in any jurisdiction (Utah Code Section 75-3-1201). If probate has been opened, the affidavit is not available.
Affiant Must Be the Claiming Successor
The affidavit is made by or on behalf of the person claiming to be the successor of the decedent, who must be entitled to payment or delivery of the property (Utah Code Section 75-3-1201).
Presented to the Asset Holder
A Utah small estate affidavit is presented directly to the person indebted to or holding the decedent's property, such as a bank, employer, or transfer agent, rather than filed with a court (Utah Code Section 75-3-1201).
Signed Under Oath
The affidavit is sworn, so the claiming successor is legally responsible for the truth of its statements, including that the estate qualifies and that no other person has a superior right to the property. Do not sign if the facts are uncertain.
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