A house or land without probate in Utah

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.

Checked against official sources: October 30, 2026.

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

Source: Official page

Does real estate count toward the small estate limit?

Kind of propertyHow it is treatedDetails
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

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

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

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.