Settle a small estate in Utah without probate
In Utah this is called: Small estate affidavit (Affidavit for Collecting Personal Property in a Small Estate Proceeding); DMV survivorship affidavit. If the estate is worth no more than $100,000 after liens, the person who inherits can collect personal property, like bank accounts, by giving a sworn affidavit to whoever holds it, with no court case.
Up to $100,000, 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Utah limit for the date of death.
Letter to a bank
Present your signed affidavit to a bank or other holder in Utah.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Utah, by procedure.
Car, bank, house in Utah
Car or other vehicle
After 30 days, the successor can transfer up to four boats, motor vehicles, trailers or semitrailers with the DMV Survivorship Affidavit (TC-569C), signed before a notary.
Bank accounts
Money left in a joint account belongs to the surviving owner, and money in a pay-on-death account belongs to the named payee; the bank may rely on its records.
House or land
An owner can transfer real property to named beneficiaries at death with a transfer on death deed. It must have the formalities of a recordable deed, say the transfer happens at the owner's death, and be recorded with the county recorder before the owner dies.
Related pages
Affidavit for Collecting Personal Property in a Small Estate Proceeding (Utah Code 75-3-1201)
A sworn statement you give to a bank, company or person holding the property, so they pay or deliver it to you. It is not filed with the court. It cannot transfer land or a house.
- Limit
Up to $100,000 Counted after subtracting liens (what is owed on the property).
The whole estate that would go through probate, wherever it is, minus liens and encumbrances, cannot be worth more than $100,000.
- What counts
The value of the entire estate subject to administration (probate), wherever located, minus liens and encumbrances. Property that passes outside probate, such as joint or pay-on-death accounts, is left out.
- Waiting period
At least 30 days must have passed since the death.
- Who can use it
A person who claims to be the successor (the person who inherits under the will or under state law), or the successor's authorized agent.
- Court or where to file
Not filed with a court. You give it to the bank or other holder.
- Notary
The successor fills out the form and signs it in front of a notary.
- Papers to attach
- Certified copy of the death certificate (holders usually ask for it)
- The security itself, for a stock transfer
- Steps
- Wait until at least 30 days after the death.
- Check that no one has applied to be personal representative in any state.
- Fill in the affidavit and list the debts, property and stock you are collecting.
- Sign it in front of a notary.
- Give it to the bank, company or person holding the property.
- Fee
No court filing fee, because the affidavit is not filed with the court.
- Debts and responsibility
Anyone who receives property by affidavit must answer for it to any personal representative of the estate or to anyone with a better right.
- What the bank or holder must do
The holder that pays or delivers on the affidavit is released as if it dealt with a personal representative and need not check the truth of the affidavit. A transfer agent must re-register securities when given the affidavit and the security. If a holder refuses, you can bring a court proceeding; the court may make the holder pay damages of up to three times the value of the property, plus court costs and reasonable attorney fees.
Law: Utah Code 75-3-1201, 75-3-1202
Source: Official page
DMV Survivorship Affidavit (form TC-569C) for up to four vehicles or boats
A sworn statement you give to the Division of Motor Vehicles to transfer the title of up to four boats, motor vehicles, trailers or semitrailers to the successor.
- Limit
Up to $100,000 Counted after subtracting liens (what is owed on the property).
The rest of the estate, not counting the vehicles being transferred, minus liens and encumbrances, cannot be worth more than $100,000. No more than four boats, motor vehicles, trailers or semitrailers.
- What counts
The value of the entire estate subject to administration, wherever located, not counting the motor vehicles, trailers or semitrailers being transferred, minus liens and encumbrances. The DMV form also leaves out boats being transferred.
- Waiting period
At least 30 days must have passed since the death.
- Who can use it
The successor who is entitled to the vehicle.
- Court or where to file
Given to the Utah Division of Motor Vehicles.
- Notary
Signed before a notary.
- Papers to attach
- Certificate of title
- Death certificate (as the DMV asks)
- Steps
- Wait until at least 30 days after the death.
- Fill in form TC-569C with the vehicle, the deceased owner and the new owner.
- Sign it before a notary; you also certify the transfer will not harm the person's creditors.
- Take it to the DMV and pay the title fees.
- Fee
The DMV charges its title and registration fees.
- Debts and responsibility
You certify that the transfer will not prejudice the person's creditors.
- What the bank or holder must do
The Motor Vehicle Division must transfer the title on the affidavit and payment of fees.
Law: Utah Code 75-3-1201(3)
Source: Official page
Small estates summary administrative procedure
In an open probate case, if the estate after liens is worth no more than the homestead allowance, exempt property, family allowance, administration costs, funeral and last-illness expenses, the personal representative can distribute it without notice to creditors and close the case with a sworn statement.
- Waiting period
The personal representative may distribute right away once the inventory shows the estate qualifies.
- Who can use it
A personal representative appointed in a probate case.
- Court or where to file
District court in the county where the probate case is open.
- Notary
The closing statement is verified (sworn).
- Papers to attach
- Inventory and appraisal
- Verified closing statement
- Steps
- A personal representative is appointed in a probate case.
- The inventory shows the estate qualifies.
- The personal representative pays and distributes the estate and files a closing statement.
- Fee
Probate filing fees are set by the courts; ask the district court clerk.
Law: Utah Code 75-3-1203, 75-3-1204
Source: Official page
What counts toward the limit in Utah
Add up the value of everything in the estate that would go through probate, wherever it is, and subtract liens and encumbrances such as loans secured by the property. Property that passes outside probate is not part of the estate subject to administration. The affidavit can only collect personal property; it cannot transfer land or a house.
Law: Utah Code 75-3-1201(1)(a)
In this state the total is counted after subtracting liens.
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone, with no pay-on-death payee, count. Law: Utah Code 75-3-1201(1)(a) |
Joint or payable-on-death (POD) bank accounts | Left out | Money in a joint account belongs to the surviving owner, and money in a pay-on-death account belongs to the payee, not to the estate. Law: Utah Code 75-6-104 |
Cars and other vehicles | Counts | Vehicles count toward the estate total for the bank and other holders. When you use the DMV survivorship affidavit for up to four vehicles or boats, those vehicles are left out of the total on that form. Law: Utah Code 75-3-1201(1)(a), (3) |
Boats and mobile or manufactured homes | Counts | Boats count toward the estate total. The DMV survivorship affidavit form leaves out the boats and vehicles being transferred (up to four). Law: Utah Code 75-3-1201(1)(a), (3); form TC-569C |
Real estate in Utah | Counts | Real estate in the probate estate counts toward the total, minus mortgages, but the affidavit cannot transfer it. The Utah courts' self-help page says the affidavit is for estates with no real property. Law: Utah Code 75-3-1201(1)(a) |
Main home (primary residence) | Counts | A home in the probate estate counts toward the total, minus the mortgage, but cannot be transferred by the affidavit. A home with a recorded transfer on death deed passes to the beneficiary outside probate. Law: Utah Code 75-3-1201(1)(a), 75-6-405 |
Real estate in another state | Counts | The estate is counted 'wherever located', so probate real estate in other states counts toward the total. Law: Utah Code 75-3-1201(1)(a) |
Unpaid wages owed to the person | Counts | Money owed to the person, such as a final paycheck, counts. Law: Utah Code 75-3-1201(1) |
Military pay owed to the person | Not clear | Ask the court self-help center how military pay owed to the person is treated. Law: Utah Code 75-3-1201 |
Life insurance or retirement money paid to a named person | Left out | Insurance and retirement benefits paid to a named beneficiary are not part of the estate subject to administration. Law: Utah Code 75-3-1201(1)(a) |
Life insurance or retirement money paid to the estate | Counts | Benefits payable to the person's estate are part of the estate and count. Law: Utah Code 75-3-1201(1)(a) |
Property in a living trust | Left out | Property in a trust passes under the trust and is not part of the estate subject to administration. Law: Utah Code 75-3-1201(1)(a) |
Property owned jointly with right of survivorship | Left out | Property held with a right of survivorship passes to the surviving owner and is not part of the estate subject to administration. Law: Utah Code 75-3-1201(1)(a), 75-6-104 |
Property going to a surviving spouse | Counts | Property that passes to the spouse under the will or by inheritance is part of the estate and counts. Property the spouse gets as a joint owner or beneficiary does not. Law: Utah Code 75-3-1201(1)(a) |
Stocks, bonds and brokerage accounts | Counts | Stocks in the person's name alone, with no transfer-on-death beneficiary, count. Shares of stock in a water company cannot be transferred with the affidavit. Law: Utah Code 75-3-1201(1)-(2), (4) |
Furniture, jewelry and other belongings | Counts | Jewelry, clothing, furniture and other belongings count. Law: Utah Code 75-3-1201(1) |
Source: Official page
Car or vehicle title after a death in Utah
After 30 days, the successor can transfer up to four boats, motor vehicles, trailers or semitrailers with the DMV Survivorship Affidavit (TC-569C), signed before a notary. The rest of the estate, not counting those vehicles, minus liens, must be worth no more than $100,000.
Law: Utah Code 75-3-1201(3)
- Agency
- Utah Division of Motor Vehicles (Utah State Tax Commission)
- Waiting period
- 30 days after the death
- Fee
The DMV charges its title and registration fees.
Source: Official page
Bank accounts after a death in Utah
Money left in a joint account belongs to the surviving owner, and money in a pay-on-death account belongs to the named payee; the bank may rely on its records. For an account in the person's name alone, the successor can use the small estate affidavit after 30 days if the probate estate is worth no more than $100,000 after liens.
Law: Utah Code 75-6-104, 75-3-1201
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Utah
- Real estate (TOD deed)
Yes · Transfer on death deed
An owner can transfer real property to named beneficiaries at death with a transfer on death deed. It must have the formalities of a recordable deed, say the transfer happens at the owner's death, and be recorded with the county recorder before the owner dies.
Law: Utah Code 75-6-401 to 75-6-416
- Bank account (POD)
Yes
Law: Utah Code 75-6-104
- Securities (TOD)
Yes
Law: Utah Code 75-6-301 et seq
Source: Official page
Surviving spouse in Utah
Utah has no separate small estate procedure for a spouse. In a probate case, the surviving spouse is entitled to a homestead allowance of $22,500, exempt property worth up to $15,000 (household furniture, cars, furnishings, appliances, personal effects), and a family allowance; these come before other claims.
Law: Utah Code 75-2-402, 75-2-403
Debts of the person in Utah
Anyone who receives property by affidavit must answer for it to any personal representative or anyone with a better right. On the DMV affidavit you certify the transfer will not prejudice the person's creditors.
Law: Utah Code 75-3-1202
Medicaid estate recovery in Utah
Utah may recover, after the death, Medicaid paid when the person was 55 or older, from the person's 'recovery estate' and from a trust in which the person was both grantor and beneficiary. The recovery estate is broader than the probate estate: it also includes property passed to someone else through joint tenancy, tenancy in common, survivorship, life estate, living trust or other arrangement. There is no recovery while the person's spouse is living, or if there is a surviving child under 21 or a blind or disabled child. A home exempt for eligibility is not exempt from recovery. ORS contacts a representative of the heirs, may record a lien on real property, and may file a claim with the probate court. Reasonable burial costs are paid first; ORS's claim has the same priority as last-illness costs.
Law: Utah Code 26B-3-1001 ('recovery estate'), 26B-3-1013 (formerly 26-19-13.5)
- Agency
- Utah Department of Health and Human Services, Office of Recovery Services (ORS), Bureau of Medical Collections
- Phone
- (801) 536-8798
- Official page
- Official page
Who inherits with no will in Utah
If there is no will, the surviving spouse gets everything if the person left no descendants, or if all the person's descendants are also the spouse's. If the person had a descendant who is not the spouse's, the spouse gets the first $75,000 plus half of the rest. Anything not going to the spouse goes to the descendants, then parents, then brothers and sisters and their descendants, then grandparents and their descendants.
Law: Utah Code 75-2-102, 75-2-103
Source: Official page
Death certificates in Utah
ID is required to buy a Utah death certificate. Extra copies ordered at the same time are $10 each.
Law: Utah (first copy $35 from July 1, 2026)
- Where to get it
- Utah Department of Health and Human Services, Office of Vital Records and Statistics
- Official page
- Official page
Where to file in Utah
The small estate affidavit is not filed with any court; you give it to the bank or other holder. The DMV survivorship affidavit (TC-569C) goes to the Division of Motor Vehicles. Real estate, or an estate over the limit, needs a probate case in the district court.
Good to know in Utah
- A holder that refuses a proper affidavit can be ordered to pay up to three times the value of the property, plus costs and attorney fees.
- Up to four vehicles or boats can be transferred at the DMV, and they are left out of the $100,000 total on that DMV affidavit.
- Since May 7, 2025, shares of stock in a water company cannot be transferred with a small estate affidavit.
Changes in 2024–2026
Laws of Utah 2025, ch. 123 (effective May 7, 2025) amended Utah Code 75-3-1201 to exclude water company shares from transfer by affidavit; the $100,000 limit and 30-day wait did not change. The optional transfer on death deed form (75-6-416) was revised effective May 1, 2024.
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Utah
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
More help on our sister sites
Questions about small estates in Utah
What is a small estate affidavit called in Utah?
In Utah this is called: Small estate affidavit (Affidavit for Collecting Personal Property in a Small Estate Proceeding); DMV survivorship affidavit. If the estate is worth no more than $100,000 after liens, the person who inherits can collect personal property, like bank accounts, by giving a sworn affidavit to whoever holds it, with no court case.
What is the small estate limit in Utah?
Up to $100,000, 30 days after the death, no court filing.
How long do I wait in Utah?
At least 30 days must have passed since the death.
Do I have to go to court in Utah?
Not filed with a court. You give it to the bank or other holder.
How do I transfer a car after a death in Utah?
After 30 days, the successor can transfer up to four boats, motor vehicles, trailers or semitrailers with the DMV Survivorship Affidavit (TC-569C), signed before a notary. The rest of the estate, not counting those vehicles, minus liens, must be worth no more than $100,000.
What happens to a bank account after a death in Utah?
Money left in a joint account belongs to the surviving owner, and money in a pay-on-death account belongs to the named payee; the bank may rely on its records. For an account in the person's name alone, the successor can use the small estate affidavit after 30 days if the probate estate is worth no more than $100,000 after liens.
Who inherits in Utah if there is no will?
If there is no will, the surviving spouse gets everything if the person left no descendants, or if all the person's descendants are also the spouse's. If the person had a descendant who is not the spouse's, the spouse gets the first $75,000 plus half of the rest.
Do I owe the person's debts in Utah?
Anyone who receives property by affidavit must answer for it to any personal representative or anyone with a better right. On the DMV affidavit you certify the transfer will not prejudice the person's creditors.
- Utah Code 75-3-1201 (Utah Legislature, effective 5/7/2025)
- Utah Code 75-3-1201, version superseded 5/7/2025
- Utah Code 75-3-1202
- Utah Code 75-6-104
- Utah Code 75-6-409
- Utah Code 75-2-102
- Utah Courts: Small Estate Affidavit
- Utah Courts form: Affidavit for Collecting Personal Property in a Small Estate Proceeding
- Utah form TC-569C Survivorship Affidavit
- Utah DHHS Medicaid: Estate Recovery
- Utah ORS: Estate Recovery
- CDC NCHS Where to Write: Utah
- Utah Code 26B-3-1013 Estate and trust recovery
- Utah Code 26B-3-1001 Definitions