Utah Small Estate Affidavit (Form 1110XX)

• Maximum Amount: $100,000, the value of the entire estate subject to administration, wherever located, less liens and encumbrances.^[1]
• Signing Requirements: A sworn affidavit, signed before a notary public.^[2]
• Where to File: Not filed with the court, presented directly to the person or institution holding the asset.^[3]
• When to File: 30 days after death.^[4]
• Survivor Requirements: A rightful heir must survive the decedent by at least 120 hours (5 days).^[5]

If the decedent did not have a will, the beneficiary hierarchy is as follows:

• Spouse: The surviving spouse receives the entire estate if the decedent left no descendants, or if all of the decedent’s descendants are also the spouse’s. If the decedent left descendants from another relationship, the spouse receives the first $75,000 plus one-half of the rest, and the descendants share the balance.^[6]
• No Spouse, Children: The share not passing to the spouse goes to the decedent’s descendants equally by generation, with a deceased child’s share passing to that child’s descendants. If there is no surviving spouse, the descendants take the entire estate.^[7]

Step 1 – Wait 30 Days

At least 30 days must pass after the decedent’s death before the affidavit may be used.^[8]

Step 2 – Confirm the Estate Qualifies

The entire estate subject to administration (less liens and encumbrances) must be $100,000 or less, the assets must be personal property, and no personal representative may be pending or appointed.^[9]

Step 3 – Complete the Affidavit

Complete the Utah State Courts Affidavit for Collecting Personal Property in a Small Estate Proceeding, stating the value limit, that 30 days have passed, that no probate is pending, and that the affiant is the successor.^[10]

Step 4 – Sign Before a Notary

Sign the affidavit before a notary public.^[11]

Step 5 – Present the Affidavit to the Asset Holder

Present the notarized affidavit to the bank, debtor, or other holder of the property to obtain payment or transfer. (Vehicles and boats use the separate DMV affidavit; real property requires a probate proceeding.)^[12]