Utah Small Estate Affidavit: A Net Measure of the Whole Estate

Utah does not file this affidavit anywhere. The successor signs it before a notary and hands it to the bank, and the $100,000 it turns on is measured net of liens across everything the estate owns, the house included.

Based on Utah Code § 75-3-1201

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

Does Utah Have a Small Estate Affidavit?

Utah has the affidavit and has no court filing to go with it. Utah Code § 75-3-1201(1) requires a person who holds tangible personal property of the decedent, or who owes the decedent a debt, to pay or deliver it to a claiming successor who presents an affidavit meeting four conditions: 30 days have elapsed since the death, the value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000, no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction, and the person signing is a successor entitled to payment or delivery of the property. The Utah State Courts self-help page for small estates states that the affidavit is not filed with the court: the successor completes it, signs it before a notary and gives it to the third party holding the property. There is no filing fee and Utah publishes no court form for it.

Do you qualify?

Qualifying threshold: $100,000 or less, measured as the value of the entire estate subject to administration, wherever located, LESS liens and encumbrances. Utah Code § 75-3-1201(1)(a) sets one figure and measures it net of secured debt across the whole estate, so a $400,000 house carrying a $350,000 mortgage contributes $50,000 to the answer.Two departures from the usual shape decide most Utah cases. The measure is NET, because § 75-3-1201(1)(a) reads less liens and encumbrances, so a family answering with the gross value of a mortgaged house will rule out an estate the statute lets through. And the measure covers the WHOLE estate subject to administration, wherever located, rather than the personal property the affidavit can actually collect, so a home and out-of-state property count toward the $100,000 even though the affidavit cannot convey either. Property that already passes by survivorship, by beneficiary designation or through a trust is not subject to administration and is not counted at all. One sub-route measures differently: for a Motor Vehicle Division title transfer under § 75-3-1201(3) the affidavit states that the value of the entire estate OTHER THAN those vehicles is $100,000 or less, so up to four vehicles ride on top of the ordinary measure rather than inside it.
Waiting period: Thirty days. Utah Code § 75-3-1201(1)(b) requires that 30 days have elapsed since the death of the decedent, and the section carries no hardship exception. Nothing else in the route has a clock, so the affidavit is usable on day 31. A family that needs authority sooner applies for informal appointment of a personal representative instead, which has no waiting period and pays the flat $375 court fee under Utah Code § 78A-2-301(1)(a).
Court filing fee: $0, because there is nothing to file. The Utah State Courts small-estates page states that a small estate affidavit is not filed with the court: the successor completes it, signs it before a notary and gives it to the third party holding the property. Budget only for the notary and for certified death certificates, which the Utah Office of Vital Records and Statistics prices at $35.00 for the initial certified copy and $10.00 for each additional copy of the same record ordered the same day under its fee schedule effective July 1, 2026. Opening an estate instead costs $375 under Utah Code § 78A-2-301(1)(a), the same figure informal or formal and the same in all 29 counties.
Attorney: Not typically neededNo statutory requirement, and the affidavit is written to be sworn by a claiming successor and handed to a bank. Counsel earns its cost where the net figure is close to $100,000, where the estate owns a home and the holder of the property follows the stricter wording on the Utah State Courts page, where the estate may be insolvent, or where the decedent received medical assistance the state can recover from the estate
Real estate: Not covered by this procedureA Utah house counts toward the $100,000 and cannot be transferred by the affidavit, and those two facts get merged into one wrong answer more often than any other Utah rule. Utah Code § 75-3-1201(1) reaches a debt owed to the decedent, tangible personal property, and an instrument evidencing a debt, obligation, stock or chose in action, and § 75-3-1201(2) makes a transfer agent change the registered ownership of a security on presentation of the affidavit. None of that conveys land, so real property needs an opened estate even where the net value sits well under the ceiling. The value of that real property still counts toward the measure, net of the mortgage, because § 75-3-1201(1)(a) measures the entire estate subject to administration. Two official Utah sources then disagree about whether owning a home closes the route at all: the Utah State Courts self-help page lists as a requirement that there is no real property, while the statute imposes only the net figure and disqualifies nobody. This page follows the statute, because reading it the other way would report a closed route for every Utah estate that owns a home. A bank or transfer agent may still follow the stricter courts wording, so ask before relying on it.

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Main Requirements

A Net Whole-Estate Value of $100,000 or Less

Utah Code § 75-3-1201(1)(a) caps the value of the entire estate subject to administration, wherever located, less liens and encumbrances, at $100,000. Both halves of that sentence matter: the measure covers everything the estate owns rather than only the property the affidavit can collect, and it is taken after secured debt.

Thirty Days Since the Death

Utah Code § 75-3-1201(1)(b) requires 30 days to have elapsed since the death of the decedent. The clock runs from the death rather than from any notice, and the section carries no exception.

No Personal Representative Pending or Appointed Anywhere

Utah Code § 75-3-1201(1)(c) requires that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction. An application filed in another state closes the route just as an application filed in Utah does.

The Signer Is a Successor Entitled to the Property

Utah Code § 75-3-1201(1)(d) requires the claiming successor to be entitled to payment or delivery of the property. Entitlement is worked out from the will, or from the Utah intestacy rules where there is no will, item by item.

The Property Is Something the Affidavit Can Reach

Utah Code § 75-3-1201(1) covers a debt owed to the decedent, tangible personal property, and an instrument evidencing a debt, obligation, stock or chose in action, and § 75-3-1201(2) covers a security through the transfer agent. Real property counts toward the $100,000 and cannot be conveyed this way.

Water Company Shares Are Excluded From Transfer

Utah Code § 75-3-1201(4) provides that shares of stock in a water company transferred under Section 73-1-10 or Title 70A, Chapter 8, Uniform Commercial Code, Investment Securities, are not eligible for transfer under this part. Utah families hold water shares routinely, and they need their own transfer.

A Will Does Not Close the Route

Nothing in Utah Code § 75-3-1201 asks whether the decedent died testate. The condition is entitlement, and a devisee under a will is a successor entitled to payment or delivery just as an intestate heir is.

Available Small-Estate Options

Small Estate Affidavit, Utah Code § 75-3-1201

Limit: A net whole-estate value of $100,000 or less, measured on the entire estate subject to administration, wherever located, less liens and encumbrances. Reaches a debt owed to the decedent, tangible personal property and an instrument evidencing a debt, obligation, stock or chose in action
Real Estate: Not included
Timeline: About 1 to 2 months, floored by the 30-day wait and then paced by how quickly each holder acts
Typical Fee: $0. It is not filed with a court. Budget for a notary and for certified death certificates

Vehicle Title Transfer on Form TC-569C, Utah Code § 75-3-1201(3)

Limit: Not more than four boats, motor vehicles, trailers or semitrailers registered under Title 41 or Title 73, Chapter 18. The affidavit states a value of $100,000 or less for the entire estate OTHER THAN those vehicles, so they sit outside the count. The Motor Vehicle Division also requires that no active lienholder remain on the vehicle
Real Estate: Not included
Timeline: The same 30-day wait, then a counter visit to the Motor Vehicle Division
Typical Fee: The title and registration fees the Division charges. No court fee

Summary Administrative Procedure, Utah Code §§ 75-3-1203 and 75-3-1204

Limit: No dollar figure. Available where the inventory and appraisal show that the estate, less liens and encumbrances, does not exceed the sum of the homestead allowance, exempt property, the family allowance, costs and expenses of administration, reasonable funeral expenses and reasonable and necessary medical and hospital expenses of the last illness. For a 2026 death the two fixed components are $33,700 and $22,500
Real Estate: Can be included
Timeline: About 4 to 8 months, because a personal representative is appointed and an inventory prepared first
Typical Fee: $375 to open the estate under Utah Code § 78A-2-301(1)(a). The summary closing statement itself adds nothing

Informal Probate and Informal Appointment, Utah Code §§ 75-3-306, 75-3-307 and 75-3-310

Limit: No dollar threshold. The ordinary route for an uncontested Utah estate, handled by the registrar of the district court on an application without a hearing, with the registrar acting 10 days after the clerk mails notice to heirs and devisees
Real Estate: Can be included
Timeline: About 6 to 12 months
Typical Fee: $375 under Utah Code § 78A-2-301(1)(a), the same in all 29 counties

Formal Testacy and Formal Appointment Proceedings, Utah Code § 75-3-107

Limit: No dollar threshold. Used where the will is contested, the estate is complicated, or an interested person demands a hearing before a district judge, with notice under Utah Code §§ 75-1-401 and 75-3-403 and by publication to unknown persons
Real Estate: Can be included
Timeline: About 9 to 18 months
Typical Fee: $375 under Utah Code § 78A-2-301(1)(a), plus $170 for an objector filing a claim for relief under § 78A-2-301(1)(d)(iii) and $250 for a civil jury demand under § 78A-2-301(1)(s)

The net measure and the house: the two ways a Utah affidavit goes wrong

Both mistakes come from reading the figure without reading the sentence around it. Utah Code § 75-3-1201(1)(a) measures the value of the entire estate subject to administration, wherever located, LESS liens and encumbrances, so a family that answers with gross values will close a route that is open, and a family that counts only the bank accounts will believe an estate qualifies when the land pushes it over. The second mistake is treating the ceiling as permission: even inside $100,000 the affidavit cannot convey real property, so a house needs an opened estate whatever the arithmetic says. Utah adds a documented conflict on top, because the Utah State Courts small-estates page states that there must be no real property while the statute imposes no such bar, and a bank is free to follow the stricter wording. Talk to a Utah probate attorney where the net figure is near $100,000, where the estate owns a home or water shares, where the estate may be insolvent, or where the decedent received medical assistance the state can recover from the estate.

Step-by-Step Process

Wait Thirty Days From the Date of Death

Covered in the "Do you qualify?" checklist at the top of this page.

Value the Whole Estate Net of Liens

Utah Code § 75-3-1201(1)(a) measures the value of the entire estate subject to administration, wherever located, LESS liens and encumbrances. Add the house, the land, out-of-state property, the accounts and the vehicles, then subtract the mortgage and any other secured debt. Leave out anything that already passes by survivorship, by beneficiary designation or through a trust, because that property is not subject to administration. The answer has to come in at $100,000 or less.

Confirm Nobody Has Applied to Be Personal Representative

Utah Code § 75-3-1201(1)(c) requires that no application or petition for the appointment of a personal representative is pending or has been granted in ANY jurisdiction, not only in Utah. The route closes the moment somebody applies anywhere, and it stays closed once an appointment has been granted, so check before drafting rather than after a holder refuses the affidavit.

Confirm You Are a Successor Entitled to the Property

Utah Code § 75-3-1201(1)(d) requires the person signing to be a successor of the decedent entitled to payment or delivery of the property. Entitlement comes from the will where there is one and from the Utah intestacy rules where there is not, so work out who actually takes the item before anyone signs. A will does not close the route: the section asks only about entitlement, and a devisee under a will is entitled.

Sort Out the Assets the Affidavit Cannot Reach

Three categories need their own handling. Real property counts toward the $100,000 but cannot be conveyed by the affidavit, so land needs an opened estate. Shares of stock in a water company transferred under Section 73-1-10 or Title 70A, Chapter 8 are not eligible for transfer under this part at all (Utah Code § 75-3-1201(4)), which matters more in Utah than almost anywhere else. And vehicles have their own sub-route, described in the next step.

Use the DMV Survivorship Affidavit for Vehicles

Utah Code § 75-3-1201(3) requires the Motor Vehicle Division to transfer title to NOT MORE THAN FOUR boats, motor vehicles, trailers or semitrailers registered under Title 41 or Title 73, Chapter 18, on presentation of the affidavit and payment of the necessary fees. The measure changes for that transfer: the affidavit states that the value of the entire estate OTHER THAN those vehicles, less liens and encumbrances, does not exceed $100,000. The Division uses form TC-569C, Survivorship Affidavit, and adds a condition the statute does not state, which is that the vehicle must have no active lienholder.

Sign Before a Notary and Present the Affidavit to the Holder

The affidavit goes to the bank, the credit union, the transfer agent, the employer or whoever else holds the property or owes the debt. Utah Code § 75-3-1201(1) says the holder shall pay or deliver on presentation of a compliant affidavit, and Utah Code § 75-3-1202 protects a holder who does so to the same extent as if dealing with a personal representative. Bring a certified death certificate and proof of your entitlement, and expect an institution to keep its own copy.

County Note: The forum question has one answer in Utah and it is the same in all 29 counties. Utah Code § 75-1-302 gives the district court jurisdiction over all subject matter relating to estates of decedents, Utah Code § 78A-5-102(1) makes that court one of general jurisdiction, and Utah Code § 78A-5-101(2)(b) puts a district court in the county seat of each county across eight judicial districts. There is no separate probate court and no county-level probate forum. Venue for a first informal or formal proceeding is the county where the decedent was domiciled at death, or, where the decedent was not domiciled in Utah, any county where property was located at death, under Utah Code § 75-3-201. None of that touches the affidavit, which is presented to a private holder rather than at a counter. The one local office an estate does visit is a different one: recording a deed goes to the county recorder at $40 per instrument under Utah Code § 17-71-407, plus $5 in a county of the second through sixth class.

FAQ: Utah Small Estate Affidavit

Does Utah have a small estate affidavit?

Yes, under Utah Code § 75-3-1201, and it works differently from the court-filed version some states use. Thirty days after the death, a person holding the tangible personal property of the decedent or owing the decedent a debt must pay or deliver it to a claiming successor who presents a compliant affidavit. The Utah State Courts small-estates page states that the affidavit is not filed with the court: the successor completes it, signs before a notary and gives it to the third party holding the property. There is no court fee and Utah publishes no court form for it, so a page offering you a Utah small estate affidavit form number is describing something the state does not print.

What is the Utah small estate affidavit limit?

$100,000, measured as the value of the entire estate subject to administration, wherever located, LESS liens and encumbrances, under Utah Code § 75-3-1201(1)(a). Read both halves of that. The measure is net, so a $400,000 home carrying a $350,000 mortgage contributes $50,000 rather than $400,000. And the measure covers the whole estate rather than only the property the affidavit can collect, so land and out-of-state property count toward the ceiling even though the affidavit cannot convey them. Assets that pass by survivorship, by beneficiary designation or through a trust are not subject to administration and do not count.

Is the Utah $100,000 figure adjusted for inflation?

No. Utah Code § 75-1-110 lists the estate amounts it adjusts to the consumer price index and § 75-3-1201 is not one of them: the indexed sections are §§ 75-2-102, 75-2-202(2), 75-2-402, 75-2-403 and 75-2-405. The affidavit ceiling is therefore the same whatever year the decedent died. The other Utah small-estate route does move, because two components of its statutory sum are indexed by year of death and the Administrative Office of the Courts republishes the adjusted amounts before February 1 each year.

Can a Utah small estate affidavit transfer a house?

No, and the value of the house still counts. Utah Code § 75-3-1201(1) reaches a debt owed to the decedent, tangible personal property, and an instrument evidencing a debt, obligation, stock or chose in action, none of which conveys land. The home has to move through an opened estate. Its value, net of the mortgage, is nonetheless part of the § 75-3-1201(1)(a) measure. Two official Utah sources disagree about whether owning a home closes the affidavit route entirely: the Utah State Courts self-help page lists as a requirement that there is no real property, while the statute imposes only the $100,000 net figure. This page follows the statute, and a bank may still follow the stricter wording, so ask the holder before relying on the affidavit.

How do I transfer a car with a Utah small estate affidavit?

Through the Motor Vehicle Division rather than a bank, and on a different measure. Utah Code § 75-3-1201(3) requires the Division to transfer title to not more than FOUR boats, motor vehicles, trailers or semitrailers registered under Title 41 or Title 73, Chapter 18, on presentation of the affidavit and payment of the necessary fees. For that transfer the affidavit states that the value of the entire estate OTHER THAN those vehicles, less liens and encumbrances, does not exceed $100,000, so the vehicles sit outside the count. The Division publishes form TC-569C, Survivorship Affidavit, and adds a requirement the statute does not carry: no active lienholder on the vehicle.

How long do you have to wait to use the affidavit in Utah?

Thirty days from the date of death, under Utah Code § 75-3-1201(1)(b). The section carries no hardship exception and no shorter alternative. Applying for informal appointment of a personal representative has no waiting period at all, so an estate that needs somebody with authority in the first month opens a case for $375 under Utah Code § 78A-2-301(1)(a) instead of waiting.

Official Forms, Sources, and VerificationOfficial references used for this page

Utah Code § 75-3-1201, Collection of personal property by affidavit -- Vehicles -- Water shares excluded.Utah State Legislature (Utah Code, versioned section text). Effective May 7, 2025, accessed August 28, 2026.
Utah Code § 75-3-1202, Effect of affidavit.Utah State Legislature (Utah Code, versioned section text). Current official statute text, accessed August 28, 2026.
Utah Code § 75-3-1203, Small estates -- Summary administrative procedure.Utah State Legislature (Utah Code, versioned section text). Current official statute text, accessed August 28, 2026.
Utah Code § 75-3-1204, Small estates -- Closing by sworn statement of personal representative.Utah State Legislature (Utah Code, versioned section text). Current official statute text, accessed August 28, 2026.
Utah Code § 75-1-110, Cost of living adjustment of certain dollar amounts.Utah State Legislature (Utah Code, versioned section text). Current official statute text, accessed August 28, 2026.
Utah Code § 75-2-402, Homestead allowance.Utah State Legislature (Utah Code, versioned section text). Current official statute text, accessed August 28, 2026.
Utah Code § 75-2-403, Exempt property.Utah State Legislature (Utah Code, versioned section text). Current official statute text, accessed August 28, 2026.
Utah Code § 78A-2-301, Civil fees of the courts of record -- Courts complex design.Utah State Legislature (Utah Code, versioned section text). Effective May 6, 2026, accessed August 28, 2026.
Small Estates, probate self-helpUtah State Courts. Current official self-help page, accessed August 28, 2026.
Estate Consumer Price Index, the cumulative list of adjusted dollar amounts published under Utah Code § 75-1-110(3)Utah State Courts, Administrative Office of the Courts. Page last modified January 15, 2026, accessed August 28, 2026.
Deceased Vehicle Owners, including the TC-569C Survivorship AffidavitUtah Division of Motor Vehicles. Current official agency page, accessed August 28, 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Utah can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.