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Utah Small Estate Affidavit: Collect Assets Without Probate

When someone passes away in Utah leaving $100,000 or less, heirs can often collect the personal property without probate, using a notarized affidavit. Get the free guide and notarize it online.

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In Utah, when a person dies leaving an estate valued at $100,000 or less, the successor can collect the personal property using a notarized Affidavit for Collecting Personal Property (Utah Code 75-3-1201), instead of probate. You sign it in front of a notary and give it to the bank or other third party holding the asset.

When you can use it

A few common situations

🏦

The estate’s personal property is $100,000 or less

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At least 30 days have passed since the death

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No probate case has been opened for the estate

What you need

A certified copy of the death certificate
The original will, if there is one
Your name and your right to the property as heir or beneficiary
A description of the specific assets you are collecting
an Affidavit for Collecting Personal Property, signed in front of a notary

How it works

1Get the guideEnter your details above for the step-by-step guide.

2Prepare the affidavitComplete an Affidavit for Collecting Personal Property.

3Notarize onlineThen present it to the institution with the death certificate.

Ready to settle the estate?

Get the free Utah small estate guide, then notarize your affidavit online in minutes, from anywhere.

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Frequently asked questions

What is the Utah small estate limit?

$100,000 for the entire estate, less liens and encumbrances. It cannot be used if there is real property. Up to four vehicles, boats, or trailers transfer separately and are excluded from the limit.

Does the affidavit need to be notarized?

Yes. It is a sworn statement that must be signed in front of a notary. You can do it online.

Do I file it with the court?

No. You sign it in front of a notary and present it directly to the third party holding the asset.

How long do I wait?

At least 30 days after the date of death.

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This page is general information, not legal advice, and is not affiliated with any government agency or court. If you use our online notary partner, NotarEase NYC may earn a referral credit at no extra cost to you. Limits and rules change; confirm current requirements, or consult a Utah attorney about your situation.