Utah Small Estate Affidavit Form

The Utah Small Estate Affidavit is a form used as an alternative to the standard probate process. With the document, the rightful heir to the property (known as the “successor”) can gain access to a recently deceased individual’s estate (bank accounts, tangible objects, etc.). The form can only be used if the decedent’s estate was valued at no more than $100,000 at the time of their death. 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.

Also known as: “Affidavit for Collecting Personal Property in a Small Estate Proceeding”

Laws: §§ 75-3-1201 to 75-3-1204



Requirements

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 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.