Utah Small Estate Affidavit Checker

A $100,000 affidavit that never sees a courtroom, plus a second path that doesn't even ask what the estate is worth.

Utah Code §75-3-1201, 1203 FigureMyTax Editorial Team Free · no sign-up

Does this Utah estate qualify?

Enter the estate value to see whether the affidavit likely fits.

$
Likely path for this Utah estate
—
How do I actually file? →
Facing probate in Utah?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Utah attorney

$100,000, never filed with a court

Confirmed current: under Utah Code §75-3-1201, a successor can collect personal property by affidavit 30 days after death when the value of the entire estate subject to administration, wherever located, less liens and encumbrances, doesn't exceed $100,000 — signed before a notary and handed directly to the bank, never filed with any court.

Real property blocks it, no exception

The affidavit applies to personal property only. Real property is excluded entirely, so most estates that include a solely owned house still need probate or another title-clearing route regardless of the estate's total value.

A second path with no dollar figure at all

Utah's summary administrative procedure under §75-3-1203 has no threshold whatsoever — it turns instead on whether the estate covers the allowances and the costs of administration, a genuinely different test from a simple value cap.

Vehicles get their own affidavit, capped at four

A separate affidavit lets a successor claim up to four boats, motor vehicles, trailers, or semi-trailers registered in Utah — processed through the Division of Motor Vehicles rather than a bank, and distinct from the general personal-property affidavit.

TOD deeds sidestep the real estate problem entirely

Utah Code §75-6-401 et seq. lets real property pass directly to a named beneficiary at death without probate or either small estate procedure — a planning tool Connecticut, for comparison, doesn't recognize at all.

Utah small estate — frequently asked questions

What is Utah's small estate affidavit threshold?

$100,000, measured against the entire estate subject to administration wherever located, less liens and encumbrances — available 30 days after death under Utah Code §75-3-1201, with no real property at all.

Is Utah's small estate affidavit filed with a court?

No — it's signed before a notary and handed directly to the bank or other asset holder, never filed with any court.

Is there a separate path with no dollar threshold at all?

Yes — the summary administrative procedure under §75-3-1203 has no dollar figure whatsoever; it turns instead on whether the estate covers the allowances and costs of administration.

How are vehicles handled differently from other personal property?

A separate affidavit lets a successor claim up to four boats, motor vehicles, trailers, or semi-trailers registered in Utah, processed through the Division of Motor Vehicles rather than a bank.

Does Utah recognize Transfer on Death deeds?

Yes — Utah Code §75-6-401 et seq. lets real property pass directly to a named beneficiary at death without probate or either small estate procedure.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Utah Code §75-3-1201, 1203. Actual eligibility depends on the estate's full facts. Confirm with the District Court or a licensed Utah attorney before acting.