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Order a Completed Small Estate Affidavit
(includes instructions for use)

When to Use a Small Estate Affidavit

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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