Count the entire estate subject to administration, not only the asset being requested. The affidavit reaches personal property and securities but is not a deed for Utah real estate.
Apply the whole-estate test
Value the estate subject to administration and subtract liens and encumbrances. The claiming successor must be entitled to the property and able to make every statutory statement.
- The net estate subject to administration is $100,000 or less.
- At least 30 days have passed.
- No application or petition for a personal representative is pending or granted.
- The claimant is the successor entitled to the property.
Present the required affidavit
Give the debtor or holder an affidavit stating the value test, elapsed time, absence of administration, and entitlement. Keep a copy of the signed affidavit and the holder's transfer record.
Use the statute for the assets it covers
The collection section covers personal property and debts owed to the decedent. A securities registrar may change registration on the affidavit. Real estate must pass through probate or a separate recorded instrument.
- Bank and credit-union accounts
- Debts owed to the decedent
- Tangible personal property
- Stocks and other registered securities
The holder may rely on the affidavit
A holder transferring property in good-faith reliance on the affidavit receives the same protection as if dealing with a personal representative and need not supervise the later distribution.
The successor remains answerable
A recipient is answerable to a later personal representative and to people with superior rights. If the estate exceeds the cap, real property must be transferred, or entitlement is contested, use the appropriate probate proceeding.
Where to read next
- Utah estate & inheritance tax — the state’s estate, inheritance-tax, and probate overview.
- Utah transfer-on-death deed — the separate route for real property, and whether Utah offers one.
- The Executor & Heir’s Guide — the probate deadlines for Utah, cited to the controlling statute.
Sources & methodology
Sources and current rules
| Ceiling, property, and wait | $100,000 net personal property; 30-day waitUtah Code §§ 75-3-1201 and 75-3-1202 · current |
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Methodology & sources
Utah Code §§ 75-3-1201 and 1202 supply the ceiling, deductions, waiting period, statements, collection and securities rules, holder protection, and successor accountability.
Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.
This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Utah.
Sources reviewed August 23, 2026.