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

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Updated May 25, 2022

A Utah small estate affidavit, or ‘Affidavit for Collecting Personal Property in a Small Estate Proceeding’, can be used to 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, excluding real estate, from third parties without going through a lengthy and complicated court proceeding. A separate process is required to claim title to boats and motor vehicles.

Laws

How to File (4 steps)

Step 1 – Wait Thirty (30) Days

As you wait, you can gather the information you’ll need to fill out the affidavit, which includes the value of every debt and asset in the estate (excluding real estate). You can also check during this period to make sure that no application for the appointment of a personal representative has been filed, as this could complicate matters.

Step 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 for transferring title of vehicles. Remember that the affidavit does not entitle you to the transfer of real estate.

Step 3 – Get Affidavit Notarized

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

Step 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.

(Video) Utah Small Estate Affidavit

How to Write

Download: Adobe PDF

Statement 1

(1) Name Of Utah Decedent. The Utah Decedent this document discusses must be identified with his or her full name.

(2) Utah Decedent Date Of Death. Present the calendar date when the Utah Decedent was pronounced dead on his or her death certificate. This date must be at least thirty days prior to the signature date the Affiant declares in this petition.

Statement 2

Select Item 3 Or Item 4

(3) Decedent Successor As Utah Affiant. The Utah Affiant’s status in relation to the concerned estate is a required report. The second article allows this information to be quickly presented by selecting one of two checkbox statements. If the Utah Affiant is the Successor to the Decedent’s estate (i.e. the Decedent’s Spouse, Child, or Sibling) then select statement A by marking the checkbox.

(4) Authorized Agent As Utah Affiant. If the Utah Affiant is the Authorized Agent of the Decedent’s Successor then Statement B must be selected and the name of the Successor to the Utah Decedent’s estate must be documented.

Statement 7

(5) Utah Decedent Estate. List all property (excluding real property) in the Utah Decedent’s estate along with any encumbrances or debts that the Utah Decedent’s estate is responsible to pay.

Signature Execution

(6) Signature Date Of Utah Affiant. The calendar date when this petition is executed must be supplied by the Signature Affiant just before he or she signs this paperwork. This calendar date is required to be no less than thirty days from the date of the Decedent’s death and will be verified by the Notary Public attending the signing.

(7) Utah Affiant Signature. The signature of the Utah Affiant must be supplied with a Notary Public in attendance.

(8) Printed Name Of Utah Affiant. 

(9) Notary Public To Utah Affiant Signature. The licensed Notary Public will use the final area to show the notarization process has been utilized during the signature execution of this petition.