Free Utah Small Estate Affidavit

Prepare the Utah small estate affidavit for estates up to $100,000, plus presentation letters for each holder. Utah Code §§ 75-3-1201, 75-3-1202.

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Your Information

The Utah affidavit identifies the claiming successor and the basis of entitlement.

Skipping probate?Settle the whole estate in one place.

State Where the Property Is Collected*

The decedent's state. Only states where this tool prepares the affidavit are listed; other states' pages explain their procedure.

Your Full Legal Name*

The successor signing the affidavit.

Your Entitlement to the Property*

Street Address*

City*

State

ZIP Code*

Telephone

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Frequently Asked Questions About Utah Small Estate Affidavits

Utah publishes 1110XX Affidavit for Collecting Personal Property in a Small Estate Proceeding (print form); the affidavit this tool prepares is drafted to the same statutory requirements, per Utah Code § 75-3-1201(1).

$100,000, per Utah Code §§ 75-3-1201, 75-3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (Utah Code §§ 75-3-1201, 75-3-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

A person claiming to be the successor of the decedent; the affidavit may be made by or on behalf of the successor (the court form provides for a duly authorized agent of the successor). Utah Code § 75-3-1201(1).

The person indebted to the decedent or having possession of the decedent's tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action (bank, employer, or other holder); a transfer agent of any security shall change registered ownership on presentation of the affidavit (§ 75-3-1201(2)); the Motor Vehicle Division transfers title to up to four boats, motor vehicles, trailers, or semitrailers on the vehicle-variant affidavit (§ 75-3-1201(3)).

The Utah affidavit is signed before a notary (Utah Code § 75-3-1201(1) (affidavit); Utah Courts form 1110XX notary jurat and utcourts.gov small-estates self-help instructions).

The person paying, delivering, transferring, or issuing property pursuant to the affidavit is discharged and released to the same extent as if dealing with a personal representative, and is not required to see to the application of the property or inquire into the truth of any statement in the affidavit; if a holder refuses, payment may be compelled in a proceeding on proof of the successor's right, with discretionary damages for bad-faith refusal (§ 75-3-1202).

Personal property only: § 75-3-1201(1) reaches indebtedness, tangible personal property, and instruments evidencing rights — not real property. The Utah Courts small-estates page states the affidavit cannot transfer title to real property such as land or a house; estates with real property use probate (Utah has no small-estate real-property affidavit). Shares of stock in a water company are excluded from transfer under this part (§ 75-3-1201(4)). Utah Code § 75-3-1201(1), (4).

Small Estate Collection in Utah

Utah has no statewide affidavit form; Utah Code § 75-3-1201(1) sets what the affidavit must state, and the successor prepares the affidavit to those requirements. It collects the decedent's property without opening probate.

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per Utah Code §§ 75-3-1201, 75-3-1202. The affidavit can be signed 30 days after the death.

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Frequently Asked Questions About Utah Small Estate Affidavits

$100,000, per Utah Code §§ 75-3-1201, 75-3-1202. This tool checks the entered estate value against the limit and does not prepare an affidavit for an estate over it.

30 days after the death (Utah Code §§ 75-3-1201, 75-3-1202). The affidavit states that the waiting period has elapsed, so it cannot be signed earlier.

The Utah affidavit is signed before a notary (Utah Code § 75-3-1201(1) (affidavit); Utah Courts form 1110XX notary jurat and utcourts.gov small-estates self-help instructions).

Small Estate Collection in Utah

Eligibility runs on the numbers: the estate qualifies when its value does not exceed $100,000, per Utah Code §§ 75-3-1201, 75-3-1202. The affidavit can be signed 30 days after the death.

Free Utah Small Estate Affidavit

Your Information

Frequently Asked Questions About Utah Small Estate Affidavits