Utah Small Estate Affidavit: $100,000 Limit, Wait Time and Form

In Utah, a successor can collect a deceased person's money and personal property without opening probate by using the affidavit in Utah Code 75-3-1201. The entire estate subject to administration, wherever located, less liens and encumbrances, must be worth $100,000 or less, and you must wait 30 days after the death. No application or petition to appoint a personal representative can be pending or granted anywhere.

The affidavit is signed before a notary and handed to the bank or other holder; it is never filed with a court, and it cannot transfer a house or land. To compare Utah with other states, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Utah's collection of personal property by affidavit (Utah Code 75-3-1201 and 75-3-1202), the summary administrative procedure for very small estates (75-3-1203 and 75-3-1204), the DMV survivorship affidavit for vehicles, and unclaimed property claims (67-4a-903). It does not cover formal or informal probate in detail, who inherits under Utah's intestacy rules, taxes, or other states' procedures.

When you can use a Utah small estate affidavit

Section 75-3-1201 allows collection by affidavit "thirty days after the death of a decedent" when the affidavit states all of the following:

• The value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000.
• At least 30 days have passed since the death.
• "No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction."
• "The claiming successor is entitled to payment or delivery of the property."

If any one of these statements is not true, the affidavit is not available, and the estate needs a court procedure instead.

What counts toward the $100,000 limit

The limit is measured after subtracting liens and encumbrances, such as a loan secured by the property. It covers the "entire estate subject to administration, wherever located," so property in other states counts too.

The statute does not say expressly whether jointly owned accounts, payable-on-death accounts, trust assets or life insurance count. Its wording reaches only the estate "subject to administration." If you are unsure whether an asset belongs in the total, ask the holder or a lawyer before signing.

Vehicles get special treatment. When the affidavit is used to transfer boats, motor vehicles, trailers or semitrailers, the statute says the affidavit instead states that "the value of the entire estate subject to administration, wherever located, other than those motor vehicles, trailers, or semitrailers, less liens and encumbrances, does not exceed $100,000." In other words, those vehicles are left out of the calculation.

The $100,000 figure is a fixed dollar amount, not an inflation-indexed one. Section 75-3-1201 was last amended by Chapter 123 of the 2025 General Session (H.B. 89), effective May 7, 2025. That amendment left the $100,000 limit and 30-day wait unchanged and added a new rule: shares of stock in a water company are not eligible for transfer by small estate affidavit.

Who can sign the affidavit

The affidavit is made by or for "a person claiming to be the successor of the decedent." Utah Code 75-1-201 defines the term:

"Successors" means persons, other than creditors, who are entitled to property of a decedent under the decedent's will or this title.

That means the people named in the will or, without a will, the people entitled under Utah's probate code. A creditor, such as someone owed money for the funeral or a medical bill, is not a successor and cannot use the affidavit to collect.

How to use a Utah small estate affidavit, step by step

1. Wait 30 days after the death. The statute does not allow the affidavit sooner.
2. Confirm no one has asked to be appointed personal representative. If a probate case has been filed or a personal representative appointed in any state, the affidavit route is closed.
3. Add up the estate. Total the estate subject to administration, wherever located, minus liens and encumbrances, and confirm it is $100,000 or less (leaving out vehicles you will transfer through the DMV).
4. Get the official form. The Utah courts publish Affidavit for Collecting Personal Property in a Small Estate Proceeding, listed as form 1110XX. This page could not read the text of the form itself, so follow its instructions for attachments.
5. Sign in front of a notary. The Utah courts' small estate page says the successor "fills out the form, signs it in front of a notary, and gives it to any third parties, such as the bank."
6. Give a copy to each holder. Present the affidavit to each bank, company or person holding the property. Nothing is filed with the court.

What the affidavit covers and what it does not

The affidavit tells holders to 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." In practice that covers:

• Bank accounts and other money owed to the person who died.
• Tangible personal property held by someone else.
• Stock and other instruments evidencing a debt, obligation or chose in action.

Water company shares. Since May 7, 2025, shares of stock in a water company that are transferred under Utah Code 73-1-10 or the Uniform Commercial Code's investment securities chapter cannot be transferred with the affidavit (Utah Code 75-3-1201(4)). Ask the water company and a lawyer what it requires.

A house or land

The affidavit does not reach real estate. The Utah courts' self-help page says: "A small estate affidavit cannot be used to transfer title to real property like land or a house." Part 12 of the probate code (75-3-1201 through 75-3-1204) contains no separate real-property affidavit. If the estate includes a house or land in the person's name alone, plan on a probate proceeding; see our Utah probate guide.

Cars, boats and trailers

Utah's statute says the Motor Vehicle Division "shall transfer title of not more than four boats, motor vehicles, trailers, or semitrailers" when presented with the affidavit and the necessary fees. The Utah DMV's deceased owners page directs heirs to the Survivorship Affidavit (TC-569C) and lists these conditions:

• At least 30 days have passed since the death.
• No personal representative has been granted or is pending.
• The estate, not counting the vehicles, is $100,000 or less.
• The person who died left no more than four motor vehicles, boats, trailers or semitrailers in total.
• There is no active lienholder on the vehicle.

This page could not open the TC-569C form or confirm the DMV's fees, so check the DMV page for current fees and attachments.

Final paycheck

This page could not locate a Utah statute on paying a deceased employee's final wages to family members. Ask the employer what it requires before you sign anything.

Unclaimed property

Money held by the state's unclaimed property program is claimed separately. Under Utah Code 67-4a-903, a person "may file a claim for the property on a form prescribed by the administrator." For property of a person who died, worth $100,000 or less, when more than one person is entitled to claim it, one or more heirs or owners can file a single claim for all of them under 67-4a-903(3), as amended in 2026. The claim must include an affidavit that meets the requirements of Utah Code 75-3-1201 and the administrator's form, signed by each claimant, agreeing to receive the property as a fiduciary, distribute to each owner the portion that owner is entitled to, and indemnify the state. This page could not confirm what other documents the program asks for. See our Utah unclaimed property guide for how to search and claim.

Liability and penalties

For the holder. A bank or other holder that pays or delivers on the affidavit "is discharged and released to the same extent as if he dealt with a personal representative of the decedent," and it does not have to "inquire into the truth of any statement in the affidavit" (Utah Code 75-3-1202).

If a holder refuses. Section 75-3-1202 lets the successor bring a court proceeding to compel payment or delivery on proof of the right to it. In that proceeding the court may, in its discretion, also hold the holder liable "for damages to the claimant for an amount up to three times the value of the personal property plus costs of suit and reasonable attorneys' fees."

For the person who collects. Whoever receives the property "is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right." If you collect more than your share, or someone with a better right appears later, you can be required to account for it. The statute states no time limit on that duty.

For a false affidavit. The affidavit is sworn before a notary. Under Utah Code 76-8-503, making a statement you do not believe to be true under an oath that can be sworn before a notary is a class B misdemeanor: "A violation of Subsection (2) is a class B misdemeanor." Do not sign anything you have not checked.

Summary administration for very small estates

When the estate is too small to matter to creditors, Utah has a court-supervised shortcut. Under Utah Code 75-3-1203, if the inventory shows that the estate, less liens and encumbrances, "does not exceed homestead allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and reasonable and necessary medical and hospital expenses of the last illness," the personal representative may distribute the estate "without giving notice to creditors."

This is not an affidavit. A personal representative must first be appointed by the court. After distributing the estate, the personal representative closes it under 75-3-1204 by "filing with the court, at any time after disbursement and distribution of the estate, a verified statement," which is sent to the distributees and to known unpaid creditors. If no proceedings are pending one year after the statement is filed, the personal representative's appointment ends.

When to open probate instead

The affidavit works only when every statutory condition is met. A probate case is usually the next step when:

• The estate subject to administration, less liens and encumbrances, is more than $100,000.
• The estate includes a house or land that did not pass some other way.
• A personal representative has already been appointed or a petition is pending.
• The family disagrees about who the successors are or what each should receive.

The Utah courts explain the simpler court route on their informal probate page. Our Utah probate guide covers how informal and formal probate work.

Related

• Small estate affidavit rules by state
• Utah probate
• Utah unclaimed property
• Idaho small estate affidavit
• Nevada small estate affidavit

This article is general legal information about Utah law (Utah Code 75-3-1201 through 75-3-1204) as verified on 2026-10-07. It is not legal advice. For help with a specific estate, contact the Utah courts' self-help resources, the clerk of the district court in the county where the person lived, a legal aid office, or a lawyer licensed in Utah.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Utah?

$100,000. Under Utah Code 75-3-1201, the value of the entire estate subject to administration, wherever located, less liens and encumbrances, must not exceed $100,000.

How long after death can I use a small estate affidavit in Utah?

Thirty days after the death (Utah Code 75-3-1201). You must also be able to state that no application or petition to appoint a personal representative is pending or has been granted in any jurisdiction.

Does a small estate affidavit need to be filed with the court in Utah?

No. The Utah courts' self-help page says the affidavit is not filed with the court; the successor signs it in front of a notary and gives it to third parties such as the bank.

Can I transfer a house with a small estate affidavit in Utah?

No. The Utah courts' self-help page says a small estate affidavit cannot be used to transfer title to real property like land or a house. A house usually requires a probate proceeding.

Who can sign a Utah small estate affidavit?

A person claiming to be a successor of the person who died. Utah Code 75-1-201 defines successors as persons, other than creditors, who are entitled to the property under the will or Utah's probate code, so a creditor cannot use it.

Is there an official Utah small estate affidavit form?

Yes. The Utah courts publish Affidavit for Collecting Personal Property in a Small Estate Proceeding, listed on the court forms site as form 1110XX.

Do cars count toward the Utah $100,000 limit?

Not when you use the vehicle transfer. For up to four boats, motor vehicles, trailers or semitrailers, Utah Code 75-3-1201 has the affidavit state that the estate other than those vehicles, less liens and encumbrances, does not exceed $100,000, and the DMV uses Survivorship Affidavit TC-569C.

What happens if a bank refuses a Utah small estate affidavit?

Utah Code 75-3-1202 lets the successor go to court to compel payment or delivery on proof of the right to it, and the court may, in its discretion, also award up to three times the value of the property plus costs of suit and reasonable attorneys' fees.