What to gather for a small estate in Utah

Pick a procedure and check off what you already have. Download or print the list to take with you.

Papers most holders ask for
Papers for this procedure: Affidavit for Collecting Personal Property in a Small Estate Proceeding (Utah Code 75-3-1201)
Other formats

Your checklist

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
  1. Wait until at least 30 days after the death.
  2. Check that no one has applied to be personal representative in any state.
  3. Fill in the affidavit and list the debts, property and stock you are collecting.
  4. Sign it in front of a notary.
  5. 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

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

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)
Form
TC-569C Survivorship Affidavit
Waiting period
30 days after the death
Fee

The DMV charges its title and registration fees.

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

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.