Laws
- Days after Death – State law requires 30 days to pass after the decedent dies before an affidavit can be used to transfer property.[1]
- Maximum Amount ($) – $100,000. State law defines a small estate as possessing a value, less liens and encumbrances, not exceeding $100,000. The affidavit cannot be used to transfer title to real estate.[1]
- Motor Vehicles – A separate affidavit (Survivorship Affidavit) can claim title to up to four boats, motor vehicles, trailers, or semi-trailers registered under Utah law.[2] This affidavit is presented to the Utah Division of Motor Vehicles to transfer the title of those vehicles or boats. Use this locator to find a Division of Motor Vehicles Office near you.
- Signing Requirements – The form must be signed in the presence of a notary public.
- Statute – Probate Code, Chapter 3, Part 12. Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates
How to File (4 steps)
1. Wait 30 Days
As you wait, you can gather the information you’ll need to fill out the affidavit, including the value of every debt and asset (excluding real estate). You can also check during this period to ensure that no application for the appointment of a personal representative has been filed, as this could complicate matters.
2. Prepare Affidavit
Download Affidavit for Collecting Personal Property in a Small Estate Proceeding. Fill it out and sign it. You’ll have to undergo a separate process to transfer the vehicle’s title. Remember that the affidavit does not entitle you to the real estate transfer.