As of April 24th, 2025, the United States District Court for the District of Utah has ordered a temporary stay of S.B. 199.
The Utah State Courts are processing guardianship cases under existing law, but are excluding all of S.B. 199's provisions until the stay is lifted or amended. Learn more

Small Estates

  This is general information about small estate affidavits. A small estate affidavit may not be appropriate for your situation. If you have questions about using a small estate affidavit, get advice from an attorney.

 

Small Estate Affidavit

Utah law allows someone handling the estate of a person who died (the decedent) with a "small estate" to use a small estate affidavit to collect personal property (such as money in a bank account, jewelry, clothing, and furniture) instead of going through the probate process. Utah Code 75-3-1201.

There is a separate affidavit that can be used to claim title to up to four boats, motor vehicles, trailers, or semi-trailers registered under Utah law. This affidavit is presented to the Utah Division of Motor Vehicles to transfer title of those vehicles or boats.

A small estate affidavit is not filed with the court. Instead, the decedent's successor fills out the form, signs it in front of a notary, and gives it to any third parties, such as the bank.

 

Requirements

A small estate affidavit may be used if:

  • the entire value of the estate is under $100,000,
  • there is no real property,
  • at least 30 days have passed since the death, and
  • no application for appointment of personal representative has been filed.

A small estate affidavit cannot be used to transfer title to real property like land or a house.

If the estate does not meet the requirements listed above, it may be necessary to open a probate case instead. See the Informal Probate web page for information about that process.

 

Forms

 

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