Detailed answer

Short answer: Utah law provides a simplified procedure that lets certain people collect small amounts of a decedent’s personal property (including bank accounts) without formal probate by using a sworn small‑estate affidavit or similar collection affidavit. Whether you can use it depends on who you are (your relationship to the deceased), the size and character of the account, and whether anyone else has opened probate or claims the property.

How the process works (step‑by‑step)

1. Confirm eligibility: Confirm no personal representative (executor/administrator) has been appointed and that you are an appropriate person to claim the funds (typically a surviving spouse, next of kin, or other distributee). Utah’s small‑estate rules govern who may collect property in this manner; see the applicable probate provisions in the Utah Code (Title 75) for details: Utah Code, Probate: disposition by affidavit.
2. Check the dollar and asset limits: Utah law limits what you can collect through affidavit procedures. The statute(s) set a maximum total value for the decedent’s personal property that can be transferred without formal probate. Because threshold amounts can change, check the statute linked above or the Utah Courts website before proceeding.
3. Gather required documents: Typical items banks require include: the original or certified copy of the death certificate; a completed small‑estate or collection affidavit signed and notarized; your government ID; documents showing your relationship to the decedent (e.g., birth certificate, marriage certificate); and statements or account records showing the account and balance. Banks may also request a short form from the court or the bank’s own affidavit form.
4. Prepare and sign the affidavit: Prepare the affidavit required by Utah law. The affidavit must describe the deceased, list the assets you’re claiming (e.g., bank account number and financial institution), state the aggregate value of the small estate if required, and affirm that no probate administration has been opened and that no one else has a superior claim. The affidavit must be signed under oath and notarized.
5. Deliver the affidavit and supporting docs to the bank: Present the original notarized affidavit, death certificate, and identification to the bank. The bank will review and decide whether to release funds. Banks often have internal policies and may accept the Utah statutory form or require the bank’s own form.
6. Bank disbursement: If the bank accepts the affidavit, it will release the funds to you (sometimes up to a statutory limit per depositor). The bank may require you to open an account in your own name to receive the funds. If the bank refuses, you may need to open a probate proceeding or obtain a court order.
7. Paying creditors and distributing funds: The affidavit method usually assumes the amount is small and that the affiant will handle debts and distribution correctly. If there are known creditors or larger claims, formal probate may be required instead.

Who may use the affidavit?

Generally, a person entitled to receive the decedent’s property under intestacy or a beneficiary named in a will (if the will’s beneficiary can establish entitlement) may use the affidavit procedure, provided no personal representative has been appointed. Check Utah statute language for specific eligibility rules.

When you cannot use a small‑estate affidavit

• A formal personal representative has already been appointed for the estate.
• The estate’s assets exceed the statutory threshold for collection by affidavit.
• The asset is real property (land) or otherwise excluded by statute from affidavit collection procedures.
• There is a dispute among potential heirs or known creditor claims that require court supervision.

If a bank refuses to accept the affidavit

Banks can establish internal policies and may refuse if they doubt the affidavit’s sufficiency. If that happens you can:

1. Ask the bank in writing for a specific reason for refusal and what documentation it needs;
2. Provide additional proof of relationship and entitlement;
3. Consider a local court order (summary probate or formal probate) directing the bank to release funds; or
4. Consult a probate attorney to evaluate alternatives and, if needed, start a probate proceeding.

Timing and practical tips

Collecting funds via affidavit is usually faster and less expensive than formal probate. Expect time to gather documents and for the bank’s internal review. If multiple banks or accounts exist, repeat the process for each institution. Keep careful records of all transfers and receipts.

Where to find forms and statute text

Utah’s Legislature publishes the probate statutes online; see the part on disposition by affidavit here: Utah Code – Probate (Disposition by affidavit). The Utah Courts website also provides how‑to guides and probate forms that may include affidavit templates and instructions (search the Utah Courts “estates” or “probate” resources pages).

When to get legal help

Talk to a probate attorney if any of the following apply: assets might exceed the statutory limit; there is a dispute among heirs; the estate may have substantial debts; the bank refuses to cooperate; or the asset includes non‑bank items (e.g., jointly owned property, retirement accounts with beneficiary designations, or real property). An attorney can draft the affidavit correctly, check compliance with Utah law, and represent you if court intervention becomes necessary.

Disclaimer: This article explains general Utah procedures for collecting small estates and is not legal advice. It does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed Utah attorney.

Helpful hints

• Start by checking whether anyone has already opened probate—if so, the affidavit method may be unavailable.
• Obtain a certified copy of the death certificate from the county health department; banks almost always require it.
• Contact the bank first to learn its exact requirements and whether it prefers its own affidavit form.
• Keep originals of all affidavits, receipts, and proof of distributions in case questions arise later.
• If multiple heirs exist, get written agreement from them when possible to avoid disputes.
• Don’t use affidavit funds to avoid paying known legitimate creditors—this can create personal liability.
• If the amount is close to the statutory limit or any asset is hard to value, seek legal advice before relying on an affidavit.
• Remember that beneficiary designations (payable‑on‑death, TOD, retirement accounts) often pass outside probate and may not require an affidavit—check account titles and beneficiary forms.