Small Estate Affidavit
When can you use a small estate affidavit in Utah?
A small estate affidavit is a simplified, often faster way to collect certain deceased persons' property without full probate administration. This page explains the common qualifications, what kinds of assets typically qualify, and the practical steps to use the procedure in Utah.
Small Estate Eligibility
Typical qualifications (summary)
- The estate's probate assets fall below the state's small-estate threshold — check current Utah law for the exact dollar limit.
- The property being claimed is personal property or certain assets that can be transferred by affidavit; some kinds of property (notably most real estate) are commonly excluded.
- No full probate administration is pending for the same assets, and required waiting periods or notice rules (if any) have been satisfied.
- The person seeking to use the affidavit is properly entitled to the property (spouse, surviving joint owner, or an heir under the law or will).
Important: statutes and rules change. The checklist above summarizes typical conditions, but whether an affidavit is appropriate in a particular case depends on the current Utah statutes and the specific facts of the estate. Consider consulting counsel before relying on an affidavit to transfer property.
Step-by-step: How the small estate affidavit process usually works
1. Confirm eligibility
Determine whether the assets you wish to claim are probate assets and whether the total probate estate meets the small-estate threshold under Utah law.
2. Gather documentation
Collect the death certificate, any will (if one exists), proof of identity, statements showing asset ownership, and documentation showing your relationship or entitlement to the property.
3. Complete the affidavit form
Prepare the small estate affidavit form used in Utah (or the affidavit authorized by statute), swearing to the facts required: identity of decedent, value of assets, and that no probate administration is pending for the same property.
4. Notarize and present
Sign the affidavit before a notary and present it to the holder of the asset (bank, insurer, or other custodian). The custodian may have its own internal procedures and may require additional proof of entitlement.
5. Wait for any statutory windows
Some jurisdictions require a waiting period or provide time for creditors to make claims before assets can be distributed under an affidavit. Confirm whether Utah law imposes such windows that affect your situation.
6. Transfer & keep records
Once the custodian accepts the affidavit, obtain a receipt or written confirmation of transfer and keep a file of all documents and communications in case questions arise later.
Common pitfalls and practical tips
- Don't assume real property is eligible — many forms of real property require formal probate or court orders.
- Banks and custodians sometimes refuse affidavits or impose additional internal requirements — early communication helps.
- Using an affidavit incorrectly can expose you to liability if a creditor later establishes a valid claim — keep careful records and consider counsel if liabilities exist.
- If the estate is borderline in value or contains complex assets (business interests, retirement accounts with penalties), get legal advice before relying on an affidavit.
Need help confirming eligibility?
Novel Law can review the estate inventory and advise whether a small estate affidavit is appropriate, prepare the affidavit correctly, and coordinate with custodians to transfer assets smoothly.
Request a ConsultationEducational only: this page summarizes common practice and should not be treated as legal advice. Utah statutes, case law, and court rules determine the precise eligibility and procedure for small estate affidavits — for tailored advice, contact Novel Law.