Utah Small Estate Affidavit
The Utah Small Estate Affidavit, which also goes by the “Affidavit for Collecting Personal Property in a Small Estate Proceeding,” is offered by the state of Utah as a speedier alternative to accessing the small estate of a decedent (family member that recently died) in comparison to the notably drawn-out probate process. To use the form, the rightful heir to the property (the “successor”) needs to complete the form and have it be notarized by a Notary Public. Additionally, the small estate must only be comprised of the decedent’s personal property—such as money in a bank account and tangible objects—of which is permitted to amount to a maximum value of $100,0000.
Laws & Required Conditions
Laws: From §§ 75-3-1201 to 75-3-1204
Maximum Estate Value: $100,000
Required Conditions: Utah state law dictates a handful of mandatory conditions that the claiming Successor must abide by, that is, the fact that:
- It has already been at least thirty (30) days since the decedent’s death.
- A personal representative is not currently involved in the administration of the estate.
- A petition for the appointment of a personal representative does not exist.
- In line with state laws, the claiming successor is warranted to pursue the estate.