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Collection of Personal Property by Affidavit (Utah small e…Verified against the statute July 29, 2026

Utah Small Estate Affidavit

Utah lets the next of kin collect a deceased person’s property without opening probate when the estate is worth $100,000 or less and 30 days have passed since the death. Here is exactly how it works, and how to use it.

Check if you qualifyHow to use it

Utah at a glance

Estate value limit
$100,000
Gross value
Wait after death
30 days
Before the affidavit can be presented
File with a court?
No
Present it directly to the bank or agency
Covers real property?
No
Real property needs the court
Notary required?
Yes
Sign in front of a notary
Who can sign
The person claiming to be the "successor" of…
Per the statute

Is your estate under the $100,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

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The $100,000 limit, and what actually counts

Value of the entire estate subject to administration, wherever located, less liens and encumbrances, must not exceed $100,000 (net, not gross). Utah Code § 75-3-1201(1)(a). For the DMV vehicle affidavit under § 75-3-1201(3), the same $100,000 net figure is computed excluding the boats, motor vehicles, trailers, and semitrailers being transferred. Not indexed to inflation; fixed dollar figure in the statute.

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Utah, these are left out of the calculation:

  • Jointly-held property with right of survivorship
  • Payable-on-death and transfer-on-death accounts
  • Life insurance with a living named beneficiary
  • Retirement accounts with a living named beneficiary
  • Property already held in a trust
  • Liens and encumbrances on estate property
  • Vehicles, where separately excluded

The 30-day waiting period

30 days, counted from the date of death of the decedent. Two independent hooks in the statute: the opening line of § 75-3-1201(1) ('Thirty days after the death of a decedent, any person indebted to the decedent.. shall pay..') and the required recital in § 75-3-1201(1)(b) ('30 days have elapsed since the death of the decedent'). The affiant must swear to the elapsed 30 days, so the affidavit cannot validly be signed before day 30. Do not confuse this with the separate 120-hour (five-day) wait in § 75-3-307 that applies to informal appointment of a personal representative in a probate case. That shorter period does not apply to the small estate affidavit.

Who can sign the affidavit

The person claiming to be the "successor" of the decedent, or a duly authorized agent signing on the successor's behalf ("an affidavit made by or on behalf of the successor," § 75-3-1201(1); the official court form has a checkbox for "I am the decedent's successor" vs. "I am the duly authorized agent of [name], who is the decedent's successor"). "Successors" is defined at § 75-1-201(55) as persons, other than creditors, entitled to property of the decedent under the decedent's will or under Title 75, so both devisees under a will and intestate heirs qualify. No court appointment, bond, or letters are required.

Either. § 75-3-1201 is silent as to testacy: it keys entirely on the affiant being a 'successor,' and § 75-1-201(55) defines 'successors' as persons, other than creditors, entitled to property of the decedent 'under the decedent's will or this title,' which covers devisees under a will and intestate heirs alike. The will need not be admitted to probate first, and the affidavit itself is not a probate proceeding, indeed § 75-3-1201(1)(c) requires that no application or petition for appointment of a personal representative be pending or granted anywhere, so commencing a probate to prove the will would defeat eligibility. The official court form contains no will section and does not ask the affiant to attach or reference a will. Practical caution: a paying institution may ask to see the will to satisfy itself the affiant is the entitled successor, and Utah retains a custodian's duty to deliver a decedent's will to the appropriate court, which is independent of whether the affidavit route is used.

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Utah?

No. Utah has no small-estate affidavit for real property and no companion real-property affidavit with its own threshold (unlike California Prob. Code § 13200). § 75-3-1201 reaches only (i) indebtedness owed to the decedent, (ii) tangible personal property, (iii) instruments evidencing a debt, obligation, stock, or chose in action, (iv) securities via transfer agents under subsection (2), and (v) up to four titled boats/motor vehicles/trailers/semitrailers via the Motor Vehicle Division under subsection (3). Real property is simply outside the statute's operative language. Utah State Courts self-help states the requirement flatly: a small estate affidavit may be used only if 'there is no real property,' and 'A small estate affidavit cannot be used to transfer title to real property like land or a house.' The Utah Courts informal-probate page confirms probate is necessary if 'the estate includes real property (land, house, condominium, mineral rights) of any value', i.e., a zero-dollar threshold for realty. Correct route for Utah real property: informal probate (application to the district court of the county of domicile or where property is located, § 75-3-201; not earlier than 120 hours after death, § 75-3-307; not later than three years after death, § 75-3-107), issuance of Letters Testamentary or Letters of Administration, and conveyance by the personal representative's deed of distribution; or a formal testacy proceeding in which the court adjudicates intestacy and determines heirs under § 75-3-409, whose order can be recorded in the county recorder's office. A recorded Utah transfer-on-death deed (Utah Uniform Real Property Transfer on Death Act) avoids all of this but must have been executed and recorded by the decedent during life.

How to use a small estate affidavit in Utah

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $100,000 ceiling. Value of the entire estate subject to administration, wherever located, less liens and encumbrances, must not exceed $100,000 (net, not gross). Utah Code § 75-3-1201(1)(a). For the DMV vehicle affidavit under § 75-3-1201(3), the same $100,000 net figure is computed excluding the boats, motor vehicles, trailers, and semitrailers being transferred. Not indexed to inflation; fixed dollar figure in the statute.

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in Collection of Personal Property by Affidavit (Utah small estate affidavit), court form: "Affidavit for Collecting Personal Property in a Small Estate Proceeding", listing the decedent, the heirs and their relationships, the assets and their values, and the known debts.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    Present it to whoever holds the property

    § 75-3-1201(1) is mandatory, not permissive: any person indebted to the decedent or holding tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) 'Shall pay the indebtedness or deliver' it to the claiming successor upon being presented the conforming affidavit. § 75-3-1201(2): a securities transfer agent 'shall change the registered ownership on the books of a corporation' on presentation of the affidavit plus the security. § 75-3-1201(3): the Motor Vehicle Division 'shall transfer title' of up to four boats/vehicles/trailers/semitrailers on presentation of the affidavit and payment of fees. Safe harbor. § 75-3-1202: the person paying, delivering, transferring, or issuing the property 'is discharged and released to the same extent as if he dealt with a personal representative of the decedent,' and 'is not required to see to the application of the personal property.. or to inquire into the truth of any statement in the affidavit.' The institution therefore has no duty to investigate and full protection if it pays. Enforcement teeth: § 75-3-1202 further provides that if the person to whom the affidavit is delivered refuses to pay, delivery may be compelled in a proceeding brought by or on behalf of the persons entitled, and 'in addition to recovering the property, the person to whom an affidavit is delivered shall, in the discretion of the court, be 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.' Utah's treble-damages-plus-fees remedy for wrongful refusal is unusually strong and is the right lever to cite to a reluctant bank. The successor, in turn, 'is answerable and accountable' to any personal representative later appointed or to any person having a superior right.

Where to take the signed affidavit

The bank

§ 75-3-1201(1) is mandatory, not permissive: any person indebted to the decedent or holding tangible personal property (or an instrument evidencing a debt, obligation, stock, or chose in action) 'Shall pay the indebtedness or deliver' it to the claiming successor upon being presented the conforming affidavit. § 75-3-1201(2): a securities transfer agent 'shall change the registered ownership on the books of a corporation' on presentation of the affidavit plus the security. § 75-3-1201(3): the Motor Vehicle Division 'shall transfer title' of up to four boats/vehicles/trailers/semitrailers on presentation of the affidavit and payment of fees. Safe harbor. § 75-3-1202: the person paying, delivering, transferring, or issuing the property 'is discharged and released to the same extent as if he dealt with a personal representative of the decedent,' and 'is not required to see to the application of the personal property.. or to inquire into the truth of any statement in the affidavit.' The institution therefore has no duty to investigate and full protection if it pays. Enforcement teeth: § 75-3-1202 further provides that if the person to whom the affidavit is delivered refuses to pay, delivery may be compelled in a proceeding brought by or on behalf of the persons entitled, and 'in addition to recovering the property, the person to whom an affidavit is delivered shall, in the discretion of the court, be 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.' Utah's treble-damages-plus-fees remedy for wrongful refusal is unusually strong and is the right lever to cite to a reluctant bank. The successor, in turn, 'is answerable and accountable' to any personal representative later appointed or to any person having a superior right.

The DMV

Yes, separate agency form, same statutory test. Agency: Utah State Tax Commission, Motor Vehicle Division (DMV). Form: TC-569C, titled 'Survivorship Affidavit' (Rev. 1/13). The title is misleading and is a known trap: despite being called a 'Survivorship Affidavit,' the form's certification block expressly invokes the small estate statute. 'Pursuant to Utah Code §75-3-1201, I hereby transfer the Certificate of Title issued for the vehicle identified on this statement to the new owner shown below.' It is used for a deceased owner's vehicle passing to a successor, not merely for a surviving joint tenant. The affiant certifies: not more than four boats, motor vehicles, trailers, or semi-trailers; 30 days have elapsed since the death of the decedent; no appointment of a personal representative has been granted or is pending; the value of the entire estate subject to administration wherever located, excluding the boats/motor vehicles/trailers/semi-trailers, less liens and encumbrances, does not exceed $100,000; the affiant is entitled to the vehicle; and the transfer will not prejudice the decedent's creditors. The form is notarized ('Subscribed and sworn to before me'), has sections for vehicle information, deceased owner information, survivor information and signature, and new owner information, and requires payment of the necessary title/registration fees (§ 75-3-1201(3)). Form URL: https://files.tax.utah.gov/tax/forms/current/tc-569c.pdf

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

The statute does not require the affidavit to list, schedule, or pay the decedent's debts, and no creditor notice or publication is required. This is the principal difference from probate. However: (1) the threshold itself is computed net of liens and encumbrances, § 75-3-1201(1)(a); (2) § 75-3-1202 makes the successor 'answerable and accountable' for the property received 'to any personal representative of the estate or to any other person having a superior right': so if a probate is later opened, or a creditor or a better-entitled heir surfaces, the affiant must account for and can be compelled to disgorge what was collected; (3) under § 75-3-901, successors take 'subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children,' so collecting by affidavit does not extinguish creditor claims; and (4) the DMV form TC-569C additionally requires the affiant to certify affirmatively 'that this transfer will not prejudice the creditors of the decedent.' Practical guidance for users: collecting by affidavit while known debts (medical, funeral, credit card, tax) are unpaid exposes the affiant to personal liability to creditors and to a later-appointed personal representative.

When you can’t use it

Utah takes the affidavit route off the table when:

  • Net value of the entire estate subject to administration, wherever located, less liens and encumbrances, exceeds $100,000 (§ 75-3-1201(1)(a))
  • Fewer than 30 days have elapsed since the date of death (§ 75-3-1201(1)(b))
  • An application or petition for appointment of a personal representative is pending or has been granted in any jurisdiction (§ 75-3-1201(1)(c)). This is nationwide, not just Utah
  • The affiant is not a person entitled to payment or delivery of the property (§ 75-3-1201(1)(d))
  • The estate includes any real property (land, house, condominium, mineral rights) of any value: § 75-3-1201 reaches only tangible personal property, instruments, debts, securities, and vehicles; Utah Courts self-help states probate is required if the estate includes real property of any value
  • Shares of stock in a water company transferable under § 73-1-10 or Title 70A Chapter 8 are not eligible for transfer under Part 12 (§ 75-3-1201(4)). Utah-specific carve-out added by the 2025 amendment
  • More than four boats, motor vehicles, trailers, or semitrailers (§ 75-3-1201(3) caps the DMV affidavit at four)
  • More than three years have passed since death, which bars informal/formal probate under § 75-3-107 (does not bar the affidavit itself, but forecloses the probate fallback if the affidavit is refused)

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Utah small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. § 75-3-1201 was amended by Chapter 123, 2025 General Session, effective 5/7/2025. This is the version currently in force as of 2026-07-29 and it is the only amendment in the last three years that was located. The $100,000 threshold and the 30-day waiting period were not changed by it (both figures are identical in the pre-2025 text and the current text). The apparent substance of the 2025 amendment is the water-shares carve-out: the section heading now reads 'Collection of personal property by affidavit -- Vehicles -- Water shares excluded' and subsection (4) provides that 'Shares of stock in a water company that are transferred under Section 73-1-10 or Title 70A, Chapter 8, Uniform Commercial Code - Investment Securities, are not eligible for transfer under this part.' Pre-2025 secondary sources (FindLaw, current through January 1, 2025) carry the heading without the 'Water shares excluded' clause and reproduce only subsections (1)-(3), which supports that reading. § 75-3-1202 and § 75-3-1203 are unamended (§ 75-3-1203 still reads 'Enacted by Chapter 150, 1975 General Session'). Utah does not index the threshold, so no annual adjustment occurs between sessions. Note: Utah's small-estate limit has been $100,000 for many years and did not participate in the 2023-2026 wave of increases seen in other states.

  • Utah Code § 75-3-1201 (Collection of personal property by affidavit -- Vehicles -- Water shares excluded) (Effective 5/7/2025; Amended by Chapter 123, 2025 General Session)
  • Utah Code § 75-3-1201(1)(a) ($100,000 threshold, less liens and encumbrances)
  • Utah Code § 75-3-1201(1)(b) (30-day waiting period)
  • Utah Code § 75-3-1201(1)(c) (no PR application/petition pending or granted)
  • Utah Code § 75-3-1201(2) (securities transfer agents)
  • Utah Code § 75-3-1201(3) (Motor Vehicle Division; up to four boats/vehicles/trailers/semitrailers)
  • Utah Code § 75-3-1201(4) (water company shares not eligible for transfer under Part 12)
  • Utah Code § 75-3-1202 (Effect of affidavit; discharge and treble-damage remedy)
  • Utah Code § 75-3-1203 (Small estates -- Summary administrative procedure)
  • Utah Code § 75-3-1204 (Small estates -- Closing by sworn statement of personal representative)
  • Utah Code § 75-3-901 (Successors' rights if no administration)
  • Utah Code § 75-3-107 (Ultimate time limit -- three years)
  • Utah Code § 75-3-307 (120-hour wait before informal appointment)
  • Utah Code § 75-3-201 (venue)
  • Utah Code § 75-3-409 (formal testacy -- court determines heirs)
  • Utah Code § 75-1-201(55) (definition of "successors")

What we're less sure about

  • The precise substantive change made by Chapter 123, 2025 General Session was inferred rather than read from the bill text: the current primary text and effective date (5/7/2025) were read directly on le.utah.gov, but the enrolled bill itself was not retrieved, so the conclusion that the amendment added the water-shares exclusion in subsection (4) rests on comparison with pre-2025 secondary text. The operative facts that matter for the product: $100,000, 30 days, no real property, no court filing, water shares excluded, were all read from the current primary text and are firm.
  • No 2026 General Session amendment was found, but this was confirmed only by the version stamp served as current on le.utah.gov (Effective 5/7/2025) rather than by a search of 2026 session bills; the web-search budget for this session was exhausted before amendment-specific searches could be run. Re-verify before the next product release.
  • The Utah Courts self-help page states as a flat eligibility requirement that 'there is no real property.' The statute itself does not say that. It simply provides no mechanism for realty and counts all administrable assets toward the $100,000. In principle an estate containing real property could still use the affidavit for its personal property while probating the realty, but the courts' own guidance treats any real property as disqualifying, and the § 75-3-1201(1)(c) bar on a pending PR appointment means the two cannot run in parallel. Product should follow the courts' stricter reading.
  • The Utah district court filing fee for informal probate (the fallback route) was not captured; the Utah Courts page links to a separate fee schedule. Do not hard-code a probate filing fee without verifying it.
  • No statutory or court-rule requirement of witnesses was found for the affidavit, and the official form provides only for the affiant's signature plus a notarial acknowledgment under oath, but the absence of a witness requirement is inferred from the form and statute rather than from an express 'no witnesses required' provision.
  • Whether an individual bank or credit union will accept the affidavit at exactly 30 days, or will impose its own internal hold or demand a death certificate and letters, is an institutional-practice question the statute does not control, though § 75-3-1202's treble-damages remedy is available against wrongful refusal.
  • The custodian-of-will delivery duty was referenced generally in the willAllowed note without a verified Utah section number; do not surface a citation for it in user-facing copy until confirmed.

Kinclaim is not a law firm and does not provide legal advice. We provide self-help software and statutory forms.