Detailed Answer — step-by-step guide for Utah

Utah provides simplified procedures for small estates under the state’s probate rules. Start by identifying which assets are part of the probate estate and then determine their value as of the date of death. Follow these steps:

1. Find all bank accounts and supporting documents.
   • Gather recent bank statements, checkbooks, online account printouts, and tax records.
   • Look for account numbers, the bank/credit union name, and ownership information shown on the account (for example, sole owner, joint tenants, or pay-on-death (POD)/transfer-on-death (TOD) beneficiary).
2. Determine whether each account is probate or non-probate.
   • Non-probate accounts: joint accounts with rights of survivorship and accounts with valid named beneficiaries (POD, TOD) typically pass directly to the surviving owner or beneficiary and generally are not part of the probate estate.
   • Probate accounts: accounts titled only in the decedent’s name (no joint owner and no beneficiary designation) are usually probate assets and count toward the small estate limit.
3. Ask the bank for the official balance as of the date of death.
   • Provide the bank with a certified copy of the death certificate and your ID. Request a written statement of the balance on the date of death and whether any holds, liens, or offsets existed.
   • Banks often freeze accounts on notice of death. Even if an account is frozen, the bank can usually tell you the balance at death and whether it will release funds under a small estate affidavit.
4. Total the probate personal property.
   • Small estate rules focus on personal property (cash, bank accounts, personal items, some investments). Real property and some trust assets may be handled separately.
   • Add only the probate assets’ values. Exclude non-probate transfers (POD/TOD, payable-to-joint-owner, assets in a revocable living trust with successor trustee named).
   • Subtract any encumbrances or liens that legally reduce the amount available to heirs if applicable (for example, certain bank setoffs for debts owed by the decedent).
5. Compare your total to Utah’s small estate limit.
   • If the total probate personal property is at or below the statutory small estate threshold, you can generally use the small estate affidavit procedure for distribution. If it exceeds the threshold, you will usually need formal probate administration.
6. Use Utah Court resources and forms.
   • Utah Courts provide instructions and forms for small estate affidavits and simplified procedures. See Utah Courts’ small estate information for step-by-step forms and local practices: https://www.utcourts.gov/howto/probate/smallestate/
   • For the probate code and detailed statutory framework, consult Utah Code, Title 75 (Probate and Trust Code): https://le.utah.gov/xcode/Title75/75.html
7. When to consult a lawyer.
   • Talk to an attorney if account ownership is unclear, beneficiaries dispute the distribution, there are significant creditor claims, or the total estate value is near the limit and you need help valuing encumbrances or determining what counts as probate property.

Key ownership rules that change whether money counts toward the small estate limit

• Joint accounts with rights of survivorship generally transfer to the survivor and do not count toward the decedent’s probate estate.
• POD/TOD beneficiary designations and accounts where the named beneficiary survived the decedent are non-probate and typically excluded from the small estate total.
• Retirement accounts, life insurance proceeds, and accounts designated to pass by contract usually bypass probate and are excluded.
• Funds that the decedent had no legal right to at death (for example, funds already owed to a creditor with a perfected security interest) may be offset against the account balance.

Practical example (hypothetical): Jane Doe died leaving two bank accounts. Account A (solely in Jane’s name) had $12,000 as of the date of death. Account B was a joint account with a right of survivorship with her sibling and had $9,500. Account B passes to the sibling automatically and is not probate property. The probate personal property total is $12,000, which is under the small estate threshold — so the small estate affidavit process can be used to collect Account A. If Account A had an attached debt or lien reducing available funds to under the threshold, that could affect eligibility, so confirm liens with the bank.

Helpful Hints

• Get multiple certified copies of the death certificate—banks and other institutions often require originals or certified copies.
• Make a simple inventory spreadsheet listing each account, the institution, owner/title as shown, balance at death, and whether there’s a beneficiary or joint owner.
• Ask the bank to put their response in writing about whether they will accept a small estate affidavit for release and what they will accept as proof (forms and identification).
• Remember that multiple small accounts at different institutions can add together; total only probate assets when checking the small estate limit.
• If you find beneficiary forms or a trust document, these documents control transfer, not the small estate process — follow the designated transfer method.
• Keep records of all communications with banks: dates, names, and what the bank representative said. This helps if a release is later disputed.
• If a bank refuses to provide balance information or release funds, ask to speak with a bank manager and request the bank’s written policy for decedent accounts; if you remain stuck, consider contacting the Utah Department of Financial Institutions or an attorney.

Where to find forms and official guidance

Utah Courts — small estate information and forms: https://www.utcourts.gov/howto/probate/smallestate/

Utah Code (probate statutes and related provisions): https://le.utah.gov/xcode/Title75/75.html