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.