Small estate affidavit in Utah: who can use it and how
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.
Up to $100,000, 30 days after the death, no court filing.
Checked against official sources: October 30, 2026.
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
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
Questions about small estates in Utah
How long must I wait to use the affidavit in Utah?
At least 30 days must have passed since the death.
What does the affidavit cost in Utah?
No court filing fee, because the affidavit is not filed with the court.
Am I responsible for debts if I use the affidavit in Utah?
Anyone who receives property by affidavit must answer for it to any personal representative of the estate or to anyone with a better right.
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.