Quick answer: no real property, entire estate at or under $100,000, 30 days passed — the affidavit, no court involved. Any real property — probate, a TOD deed, joint tenancy, or a trust. Check your own numbers with the Utah small estate checker.
The affidavit never reaches the house
A TOD deed sidesteps the whole issue
Utah Code §75-6-401 et seq. lets an owner name a beneficiary directly on a Transfer on Death deed, so the property passes at death without probate at all — a planning tool set up well before death solves the problem the small estate affidavit can't.
Joint tenancy and trusts work too
Property titled in joint tenancy with right of survivorship, or held inside a revocable living trust, both pass to the new owner without going through probate — alongside the TOD deed, these are Utah's standard ways to keep real property out of the court process entirely.
A no-cap path still exists, but still runs through the court
The summary administrative procedure under §75-3-1203 has no dollar cap at all and turns on whether the estate covers its allowances and administration costs — a genuinely different test, but one that still runs through the court, unlike the bank-counter affidavit.
The decision, in order
- Is the property in joint tenancy, a trust, or covered by a TOD deed? → Skips probate entirely.
- Is there any solely owned real property remaining? → Probate or another title-clearing route needed.
- No real property, entire estate at or under $100,000, 30 days passed? → Small estate affidavit.
- None of the above fits → Full probate, or check whether the no-cap summary procedure applies.
A local probate attorney can review your estate — many offer a free consultation.
Whichever track applies, court filings happen with the district court in the decedent's county — Salt Lake, Utah, and Davis County among the busiest.