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.

More on Utah: How to Reinstate an LLC in Utah, Transfer on Death Deed Utah and Utah Power of Attorney Requirements.

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

There is an official free form: Utah Courts form 1110XX, Affidavit for Collecting Personal Property in a Small Estate Proceeding, published by the state courts at legacy.utcourts.gov.

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

The statute text of Utah Code 75-3-1201 was checked on le.utah.gov. The notary requirement comes from the Utah Courts self-help page, which says the successor signs the affidavit in front of a notary; the statute itself says only affidavit. Subsection (3) separately lets the Motor Vehicle Division transfer title to not more than four boats, motor vehicles, trailers, or semitrailers on the same affidavit, with those vehicles left out of the $100,000 count.

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.