When to Use a Small Estate Affidavit in Utah
In Utah, you can use a small estate affidavit
to collect property (except real property) of a decedent if:
- The decedent resided in Utah at the time
of death, or the decedent's property is located in Utah;
- The person who signs the affidavit
is a surviving spouse, child, or other heir
of the decedent or, if the decedent had a last will,
is named as a beneficiary under the will;
- The person who signs the affidavit
is entitled to receive the property;
- Thirty days have passed since the decedent's
death;
- No person has been appointed or is seeking to be
appointed as personal representative or executor of the decedent's estate, either in Utah or in any
other state; and
- The value of the decedent's entire estate subject to
probate, less liens and encumbrances, does not exceed $100,000. If, however, the
affidavit will be presented to the Utah Department of Motor Vehicles (DMV) to transfer
title to any motor vehicles, trailers, or boats owned by the decedent, their value
is excluded from the $100,000 maximum.
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