Utah Small Estate Affidavit Form

Utah Small Estate Affidavit Form

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Last updated April 3rd, 2026

A Utah small estate affidavit is a legal document that allows the successor of a decedent’s estate to avoid probate proceedings. This form is also referred to as the “Affidavit for Collecting Personal Property in a Small Estate Proceeding” and may only be used for estates with a total value of $100,000 or less.

A Utah small estate affidavit is a legal document that allows the successor of a decedent’s estate to avoid probate proceedings. This form is also referred to as the “Affidavit for Collecting Personal Property in a Small Estate Proceeding” and may only be used for estates with a total value of $100,000 or less.

Laws

  • Maximum Estate Value: $100,000[1]
  • Mandatory Waiting Period: 30 days[2]
  • Where to File: No filing required.[3]

How to Use (3 Steps)

Step 1 – Requirements

An Affidavit for Collecting Personal Property in a Small Estate Proceeding may be used if[4]:

  • The estate value is $100,000 or less (excluding up to four vehicles).
  • 30 days have passed since the decedent’s passing.
  • No application or petition has been made to appoint a personal representative.
  • The successor filing the Affidavit is entitled to the decedent’s property.
  • The estate does not include real property.

Step 2 – Complete Affidavit

The affiant must complete the Affidavit and have it notarized.[5] To claim a decedent’s vehicle, boat, or trailer, the affiant must complete the Survivorship Affidavit and submit it to the Utah DMV.[6] This Affidavit cannot be used to claim the decedent’s real estate.

Step 3 – Collect Assets

The completed and notarized Affidavit can be presented to those in possession of the decedent’s property, who must then turn the property over to the affiant. Legal action may be taken in the event a party fails to transfer the decedent’s property.[7]