The Utah Small Estate Affidavit is an affidavit written by the successors of an estate when a family member has passed away with or without making a will. Learn how to write a free Utah Small Estate Affidavit form, where to file the affidavit and the monetary and time limits involved.
A Utah small estate affidavit form, also called a Utah Affidavit for Collecting Personal Property in a Small Estate Proceeding form, is used in the event that the decedent had a limited amount of assets. To qualify as a small estate in Utah, the estate in question must be valued at less than $100,000. A Utah Small Estate Affidavit is used for the collection of personal property or real estate.
Utah Small Estate Affidavit Requirements
- The decedent must be a resident of the State of Utah.
- Falls under Utah Code Part 12 – Collection of Personal Property by Affidavit and Summary Administration Procedure for Small Estates – Section 75-3-1201 Collection of personal property by affidavit and Section 75-3-1203 Small Estates – Summary administrative procedure.
- The estate in question must be valued at less than $100,000.
- Thirty days have elapsed since the death of the decedent.
- Must be filed with the local probate court where the decedent resided.
How to Write a Utah Small Estate Affidavit Form
In Section 2, write the decedent’s name and the date the decedent passed away. In section 3, the affiant will check Box A, stating the affiant is the actual successor of the decedent or Box B, the authorized agent of the affiant .
Attach an itemized list of the property to be collected and the value of the property. Make sure at least thirty days have passed since the decedent’s passing before getting the affidavit notarized.
Free Utah Small Estate Affidavit Form
Once the document is signed and dated by the notary, the Utah small estate affidavit is legal and the successors can start collecting the property of the decedent.
Fill out and print a free Utah Small Estate Affidavit online.