Skip to content
PayByTown

Small estate affidavit in Utah (2026)

In Utah, heirs can collect up to $100,000 without probate with a sworn affidavit (Collection of personal property by affidavit (Utah Code § 75-3-1201)). You must wait 30 days after the death. Real estate: not covered. Last checked .

Utah at a glance

Affidavit cap
$100,000
Value counted
Net value (after liens and encumbrances)
Waiting period
30 days
If there is a will
Can still be used
File with a court
No
Real estate
Not covered
Court shortcut
Small estates summary administrative procedure (Utah Code §§ 75-3-1203, 75-3-1204)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

Enter the date of death and the value

    Utah cap for this date of death

    $100,000

    A worked example for Utah

    Say a parent who lived in Utah died on March 1, 2026, leaving $80,000 in a bank account in their name only and no house. $80,000 is within the $100,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

    The rules in Utah

    • The affidavit. The successor signs an affidavit before a notary and gives it to banks and others holding the decedent's personal property, who must pay or deliver it. It is not filed with the court.
    • Cap. The estate subject to administration, less liens and encumbrances, must not exceed $100,000.
    • What counts. The value of the entire estate subject to administration, wherever located, less liens and encumbrances. The courts' self-help page says the affidavit is for estates with no real property.
    • What doesn't count. Non-probate assets. For the DMV version, up to four boats, motor vehicles, trailers or semitrailers are left out of the $100,000 figure. Water company shares cannot be transferred by affidavit.
    • Waiting period. Thirty days must have passed since the death.
    • Conditions. No application or petition for a personal representative may be pending or granted anywhere. The claimant must be entitled to the property. A holder who wrongly refuses may be liable for damages and attorney fees at the court's discretion.
    • Who can sign. A person claiming to be the decedent's successor, or someone acting on the successor's behalf.
    • Court filing. The affidavit is not filed with the court; it is given to third parties such as banks.

    Houses, land and vehicles

    • Real estate. The affidavit collects personal property only; the courts' self-help page says it is for estates with no real property. Land needs informal or formal probate.
    • Vehicles. The Motor Vehicle Division transfers title to up to four boats, motor vehicles, trailers or semitrailers on a small estate affidavit (vehicles not counted toward $100,000) and payment of fees.

    When the affidavit isn't enough

    After a personal representative is appointed and an inventory filed, if the estate less liens does not exceed the homestead allowance, exempt property, family allowance, administration costs, funeral and last-illness expenses, the PR may distribute without notice to creditors and close by sworn statement. There is no fixed dollar cap.

    Good to know in Utah

    • 2025 HB 89 (ch. 123, effective 2025-05-07) barred transferring water company shares by small estate affidavit; the $100,000 cap was unchanged.
    • People who receive property are accountable to any personal representative or anyone with a superior right (UPC § 3-1202 as adopted).

    Official help and forms

    Sources

    Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.

    More for Utah

    Everything for Utah on one page