Utah Small Estate Affidavit Limit (2026)
In Utah, estates valued at or below $100,000 can bypass formal probate court proceedings under Collection of Personal Property by Affidavit (Utah Code § 75-3-1201). Use the interactive calculator below to evaluate whether your estate qualifies.
In Utah: Estates with qualifying probate assets valued at or below $100,000 can bypass formal probate court proceedings under Utah Code § 75-3-1201 (Collection of Personal Property by Affidavit). Heirs must observe a mandatory statutory waiting period of 30 days after death before executing the affidavit. Real property transfer is strictly excluded (requires formal court petition).
Utah Small Estate Affidavit Eligibility Checker
Statutory Threshold: $100,000 under Utah Code § 75-3-1201
1. Probate Assets Valuation
Enter the gross fair market value of assets titled solely in the decedent’s name with no designated beneficiary.
2. Exempt Non-Probate Exclusions
Assets that pass automatically by contract or operation of law bypass probate and are 100% EXCLUDED from the statutory limit.
Qualifies for Utah Small Estate Procedure
Collection of Personal Property by AffidavitLegal Analysis: The decedent’s probate-subject assets total $45,000, which is under the $100,000 statutory maximum established by Utah Code § 75-3-1201. Heirs can bypass formal court administration.
📋 Next Statutory Steps for Utah:
- Required Form: Affidavit for Collecting Personal Property in a Small Estate Proceeding.
- Waiting Requirement: Wait 30 days after the decedent’s date of death before presenting or filing.
- Documentation: Attach certified death certificate and proof of decedent’s sole ownership.
- Notarization: Must be signed under penalty of perjury in the presence of a licensed Notary Public.
- Presentation: Present certified copies directly to asset holders (e.g. Chase, Wells Fargo, brokerage firms) without open probate.
STATUTORY PROBATE EXEMPTION AUDIT DOSSIER & SMALL ESTATE EVALUATION
JURISDICTION: STATE OF UTAH · COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT (Utah Code § 75-3-1201)
Generated: 11/2/2026
Pursuant to Utah Code § 75-3-1201, the decedent's probate-subject estate of $45,000 is beneath the statutory maximum of $100,000. Rightful distributees may collect assets directly via Form: Affidavit for Collecting Personal Property in a Small Estate Proceeding without formal probate proceedings.
1. Statutory Asset & Liability Valuation
| Sole Personal Property, Bank Accounts & Vehicles: | $45,000 |
| Countable Net Real Estate Equity: | $0 (Disqualified) |
| Gross Probate-Subject Estate: | $45,000 |
| Utah Small Estate Statutory Cap: | $100,000 |
| Excluded Non-Probate Assets (Trusts, TOD, Survivorship): | $75,000 |
| Deductible Funeral & Final Medical Expenses: | -$5,000 |
2. Statutory Conditions & Mandatory Requirements
A minimum of 30 days must elapse after death before asset holders may release property.
Instrument: Affidavit for Collecting Personal Property in a Small Estate Proceeding
Court: District Court
Affiant / Successor Signature:
Full Printed Name / Executed Under Penalty of Perjury
Notary Public Acknowledgment:
State Seal, Commission Expiration & Date
Utah Statutory Small Estate Rules & Qualifications
⚖ Key Legal Parameters
- Maximum Estate Value:
- $100,000
- Mandatory Waiting Period:
- 30 days after death
- Real Property Included:
- No (Personal property only)
- Governing Statute:
- Utah Code § 75-3-1201
- Judicial Venue:
- District Court
📑 Required Documentation & Procedure
Presented directly to asset custodians 30 days after death; no court filing required.
Real Estate Transfer Rules in Utah
Personal property only. Up to 4 registered boats or motor vehicles can be transferred in addition to the $100k cap.
Exclusions: Up to 4 motor vehicles or vessels under Utah Code § 75-3-1201(2) are excluded from the dollar limit.
How to File a Small Estate Affidavit in Utah
- Check the Asset Total: Calculate all personal property solely titled in the decedent’s name. Subtract outstanding secured debt and statutory funeral deductions. Confirm that the final total does not exceed $100,000.
- Verify Beneficiary Designations: Ensure you are not counting assets that pass directly by contract, such as life insurance policies, 401(k) accounts, or bank accounts designated as Payable-on-Death (POD).
- Wait the Required Time: In Utah, you must wait 30 days prior to presenting the affidavit to any institution.
- Complete the Affidavit for Collecting Personal Property in a Small Estate Proceeding: Draft the document, listing every financial institution, account number, and exact dollar balance.
- Notarize Under Oath: All rightful distributees or the designated representative must sign before a licensed notary public under penalty of perjury.
- Present to Custodians: Deliver the notarized affidavit alongside a certified copy of the death certificate to banks, DMVs, or asset holders to claim and distribute funds.
Frequently Asked Questions About Utah Small Estates
What is the small estate limit in Utah for 2026?
Under Utah Code § 75-3-1201 (Collection of Personal Property by Affidavit), the 2026 small estate threshold in Utah is $100,000. Estates with gross probate assets at or below this value qualify for expedited transfer without formal court probate.
How long do you have to wait after death to file a small estate affidavit in Utah?
In Utah, heirs must wait a mandatory statutory period of 30 days after the decedent’s date of death before executing and presenting the small estate affidavit to asset holders.
Can real estate be transferred with a small estate affidavit in Utah?
No. In Utah, small estate affidavits apply exclusively to personal property (bank accounts, vehicles, final wages, personal effects). If the deceased owned real estate titled solely in their name, court probate administration is required to transfer marketable title.
What form is required for a small estate in Utah?
The required official legal instrument is the Affidavit for Collecting Personal Property in a Small Estate Proceeding, which must be signed under oath in the presence of a notary public and presented to asset holders or filed with the District Court.
Compare Other States
Check small estate exemption thresholds across all 50 U.S. states