Utah Small Estate Affidavit

Updated August 3, 2026. Quick answer: Utah lets a small estate be settled with a sworn affidavit, usable 30 days after death, and it is presented straight to the bank or holder — no court filing. Real estate: no — personal property only.

The verdicts

What the statute actually says

Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property, including an instrument evidencing a debt, obligation, stock, or chose in action, belonging to the decedent shall pay the indebtedness or deliver the tangible personal property, or instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent, upon being presented with an affidavit made by or on behalf of the successor stating that: (a) the value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000; (b) 30 days have elapsed since the death of the decedent; (c) no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and (d) the claiming successor is entitled to payment or delivery of the property.

— Utah Code 75-3-1201

The dollar limit

$100,000 — collection of personal property by affidavit (Utah Code §75-3-1201); 30-day wait; no real property; affidavit is presented to holders (banks etc.), not filed with the court.

All 51 limits, compared.

The form

We did not locate an official free state form. That does not mean none exists — many states publish forms through individual county or probate offices rather than a single statewide page, and several court websites blocked automated access entirely. Ask the probate court or register of wills in the county where the person lived before paying anyone for a form.

The waiting period is the part that voids transfers

Using the instrument before its waiting period has run is the most common way one of these fails. A bank can refuse it, and a transfer made on a defective affidavit can be unwound — with the person who signed it personally exposed, because these are sworn statements made under penalty of perjury. Wait the full period and count from the date of death.

What could not be verified

Sourced from the Utah Courts self-help explanation page rather than the raw statute text (le.utah.gov statute pages returned only navigation shell to automated fetch). The page references a small-estate form (‘Form 1110xx’) by number but no direct URL to it was captured, so no official form link is published rather than a guessed one; a DMV vehicle-transfer affidavit PDF was found but is a different, vehicle-specific instrument.

When this route is the wrong one

• The estate is over the limit. Full administration applies, and using the small-estate route anyway does not make it valid.
• There is real estate and this route does not reach it. A house needs the instrument that can actually transfer title.
• Someone disputes it. These procedures assume agreement; a contested estate belongs in front of a judge.
• Debts exceed assets. Paying the wrong creditor first can make you personally liable.

Related: how the process works, step by step · affidavit versus summary administration.

General information drawn from state statutes and official court materials, not legal advice. Probate and small-estate procedure is STATE law and differs in every state; thresholds, waiting periods and forms change, and every figure here is sourced and dated. Using the wrong instrument, or using one before its waiting period has run, can make a transfer ineffective and can expose the person who signs the affidavit to personal liability. We are not a law firm and we sell no forms.