Utah Small Estate: Filing How-To

A notary, a signature, and a trip to the bank — no courthouse involved at any point.

Utah Code §75-3-1201

Quick answer: once 30 days have passed and the entire estate, less liens, is at or under $100,000 with no real property, sign the affidavit before a notary and present it directly to the bank or asset holder. Check whether an estate qualifies with the Utah small estate checker.

Step by step

  1. Wait 30 days from the date of death.
  2. Confirm no personal representative has been appointed or has a pending application anywhere.
  3. Total the entire estate, wherever located, after subtracting liens and encumbrances.
  4. Confirm no real property is included.
  5. Confirm the total is $100,000 or less.
  6. Sign the affidavit before a notary.
  7. Present it directly to the bank or asset holder — never to a court.

No court filing, at any point

Genuinely distinctive: the affidavit is presented directly to the asset holder 30 days after death — it is NOT filed with the court. Compare that to states where even a "small estate" affidavit still goes through a probate judge or clerk.

The threshold looks at the whole estate, not just one account

The $100,000 cap is measured against the value of the entire estate subject to administration, wherever located, less liens and encumbrances — not simply the balance held by the particular bank or institution being asked to release funds.

No competing appointment can exist anywhere

No application for the appointment of a personal representative can be pending or already granted anywhere for the estate — if one exists, this affidavit route is off the table.

Facing probate in Utah?

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

Talk to an Utah attorney

Because it's never filed with a court, the process works identically whether the decedent lived in Salt Lake, Utah, Davis, or any other Utah county.

How-to — frequently asked questions

Where does the completed Utah small estate affidavit actually go?

Directly to the bank or other asset holder — it is never filed with any court, unlike most states' small estate procedures.

What must be confirmed about any pending appointment before filing?

No application for appointment of a personal representative can be pending or already granted anywhere for the estate.

How is the $100,000 threshold actually measured?

Against the value of the entire estate subject to administration, wherever located, less liens and encumbrances — not just the specific asset being collected from that one holder.

Does the affidavit need to be notarized?

Yes — the successor signs the affidavit before a notary before presenting it to the bank or other asset holder.

This page provides general guidance only and is not legal advice. Based on Utah Code §75-3-1201. Confirm current requirements with the Utah Courts self-help center or a licensed Utah attorney before acting.