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.
Checked against official sources: October 30, 2026.
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
Do bank accounts count toward the small estate limit?
| 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 |
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(2), 75-3-1202
FDIC insurance after a death
After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.
Law: 12 CFR 330.3(j)
Transfer-on-death (TOD) and payable-on-death (POD) in Utah
- Bank account (POD)
Yes
Law: Utah Code 75-6-104
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
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
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
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.
Letters to a bank
Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.
Related pages
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.