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]