What the rule says
Utah provides a streamlined alternative to formal probate for small estates. Under Utah Code § 75-3-1201, a successor can collect personal property of a Utah decedent without going through formal probate, if:
- The total value of the personal property does not exceed $100,000 - The decedent has been dead for at least 30 days - No application for the appointment of a personal representative has been granted - The successor presents an affidavit
What this means in practice
Key practical points:
- 30-day waiting period. - $100,000 threshold counts personal property only. Among the more generous nationally. - Real property requires separate procedures. Utah recognizes TOD deeds for real property. - No court involvement. The procedure operates entirely outside the probate court system. - Joint property and beneficiary-designated assets are not counted.
How this fits with UT's other tools
Utah offers several alternatives to formal probate:
- Small estate affidavit (§ 75-3-1201): Personal property up to $100,000. - Informal probate: Streamlined formal procedure. - Formal probate: Court-supervised when warranted. - TOD deed (Utah Code § 75-6-401 et seq.): Utah recognizes TOD deeds for real property. - Domestic asset protection trust: Covered separately as Utah's distinctive rule.
What you can do about it
For a survivor of a Utah decedent:
1. Calculate personal property value. Stay within $100,000. 2. Wait 30 days from death. 3. Prepare and present the affidavit. 4. Distribute property.
Who this affects most
Utah's small estate affidavit is most relevant for survivors of Utah decedents with modest probate estates. Combined with TOD deeds and beneficiary designations, the framework allows many Utah estates to avoid formal probate.