When a Utah estate may skip full probate: small estate affidavits under $100,000 and transfer on death deeds. Eligibility checklist and FAQs.
You May Not Need Full Probate: Utah Small Estate Affidavits and TOD Deeds
Not every estate needs to go to court. If your parent's estate was modest, or their house passed by a transfer on death deed, Utah offers simpler ways to transfer property. Here's how to tell if they apply to you.
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The Utah Small Estate Affidavit
Under Utah Code § 75-3-1201, a successor can collect a deceased person's property by signed affidavit, without opening a probate case, when the value of the entire estate, less liens and encumbrances, does not exceed $100,000, not counting up to four vehicles, watercraft, or trailers. At least 30 days must have passed since the death, and no application or petition for a personal representative can be pending or granted.
You present the affidavit and a death certificate to the bank or company holding the asset, and they release it to you. The person using the affidavit must then pay valid debts and distribute to the rightful heirs.
Utah Transfer on Death (TOD) Deeds
A transfer on death deed lets a homeowner name who receives the house at death, while keeping full control during life. If your parent recorded a valid TOD deed before death, the beneficiary can typically record a death certificate and an affidavit to take title without probate (Utah Code § 75-6-401 et seq.).
No TOD deed? You may be able to add one for your own parents now while they're living. See /utah-estate-planning.
When a Small Estate Affidavit can't be used
- Real property titled solely in your parent's name with no TOD deed, joint owner, or trust.
- The net estate exceeds the $100,000 limit.
- Fewer than 30 days have passed since death.
- A probate case has already been opened.
- The family disagrees about who should receive the property.
Eligibility checklist
If you can answer yes to every item, a small estate affidavit may work. One no usually means probate or another route.
- It has been at least 30 days since my parent died.
- Assets in my parent's name alone (not counting up to four vehicles, boats, or trailers, and not counting accounts with beneficiaries) total $100,000 or less after debts secured against them.
- There is no Utah real estate in my parent's name alone, or the house passes by a TOD deed, joint title, or trust.
- No one has opened a probate case.
- The heirs agree on who receives what.
Frequently asked questions
Does the bank have to accept the affidavit?
Most will, though some ask for their own form. We can help when an institution pushes back.
Do accounts with beneficiaries count toward the limit?
Generally no. Payable-on-death and beneficiary accounts pass directly to the named person.
Is the car handled the same way?
Utah DMV has its own survivorship affidavit process for vehicles.
What if we find more assets later?
If the total goes over the limit, probate may be needed. Let us know early.
Free: First 30 Days After a Parent Dies in Utah
A one-page checklist of what to secure, who to call, and what can wait.
You don't have to do this alone
In a free 20-minute consultation by telephone or video conference we can usually tell you whether a shortcut fits. Schedule your free 20-minute consultation by telephone or video conference at estate.hastingslaw.us/contact or call (801) 721-8066.
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