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Utah Small Estate Affidavit | Affidavit for Collecting Personal Property in a Small Estate Proceeding

A Utah small estate affidavit can bypass probate in cases where a person has passed away, leaving $100,000 or less in assets. This form allows a successor to collect assets and property from third parties, excluding real estate, without going through a lengthy and complicated court proceeding.
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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.

3. Get Affidavit Notarized

In Utah, a small estate affidavit is not filed with the court. Instead, the form must be signed in front of a notary public.

4. Collect the Assets

Present a signed, notarized affidavit to any third party (such as a company, person, or financial institution) in possession of the decedent’s assets to which you are entitled.

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