How to prove a zero balance and formally close your spouse’s estate in Utah

Short answer: To close your spouse’s estate in Utah when there is no remaining property or unpaid liability, you still must follow the probate steps required by Utah law: identify whether formal probate is required, file the necessary inventories and notices, allow the creditor-claims period to run, file a final accounting or affidavit showing zero balance, and ask the court for an order closing the estate and discharging the personal representative. The court will issue a discharge and close the estate if it has the paperwork it needs and creditors are resolved or the statutory waiting period has passed.

Disclaimer: I am not a lawyer. This article explains general Utah probate practice to help you know what to expect. It is not legal advice. For case-specific guidance, consult a licensed Utah attorney.

Detailed answer — step-by-step under Utah law

Utah probate and estate administration are governed by the Utah Probate Code (Title 75). The Utah Courts website also provides practical forms and instructions for filing estate matters: Utah Courts — Probate How To. For statutory text see Title 75 of the Utah Code: Utah Code, Title 75 (Probate).

Below are the common steps to prove a zero balance and close an estate where the decedent’s spouse was the deceased. Depending on whether the estate opened formally, you may follow a simplified (small-estate) path or the full administration path.

1. Confirm whether probate (formal administration) is required.

   Determine whether the decedent owned assets that require probate (bank accounts solely in the decedent’s name, real property, brokerage accounts, etc.). If all property passed automatically (payable-on-death, joint tenancy with right of survivorship, trust property, or beneficiary designations), an estate may not need formal probate. The Utah Courts have guidance on small estate and informal procedures: Utah Courts Probate How-To.

2. If formal probate exists (or was opened), file or confirm the required inventory and notices.

   The personal representative (executor/administrator) must file an inventory or a statement of the estate’s assets with the probate court. The representative must also publish or mail notice to creditors as required by statute and court rules. This step creates the official record that the estate has no remaining assets or debts.

3. Give required notice and wait the statutory creditor-claims period.

   Utah law requires notice to creditors and provides a time period during which creditors may present claims. Even if you believe there are no unpaid debts, you must allow the claim period to expire or resolve any claims that arrive. The Utah Courts site and Title 75 explain notice requirements and timing: Utah Courts — Creditors & Probate and Utah Code, Title 75.

4. Collect documentation that shows a zero balance.

   Gather statements and sworn documents showing that bank and brokerage accounts have zero balances, real property is not owned by the decedent, insurance and retirement proceeds have been paid to beneficiaries, and creditors were paid or there are no outstanding allowed claims. Typical documents include:

   • Bank statements and account closing confirmations
   • Paid invoices, cancelled checks, or receipts for creditor payments
   • Statements from beneficiary-payable accounts showing distribution
   • An inventory filed with the court showing no remaining assets
5. File a final accounting or an affidavit/motion showing zero balance.

   If the estate was opened formally, the personal representative will usually file either a final accounting or a petition/motion to close the estate that includes an affidavit stating that all known debts have been paid (or there are none), all assets have been distributed, and that no assets remain. The court uses this to decide whether to close the estate and discharge the representative.

   In simple zero-asset situations, courts sometimes allow a signed affidavit or a simplified closing statement rather than a lengthy formal accounting. Check local court rules and the Utah Courts probate forms page: Utah Courts — Probate Forms.

6. Ask the court for an order closing the estate and discharging the personal representative.

   File a petition (or motion) to close the estate and include exhibits: the inventory, creditor notice proof, affidavit of zero balance, and any final accounting. Serve interested parties per court rules. If the court is satisfied, it will sign an order closing the estate and discharging the personal representative.

7. Obtain certified copies of the discharge/closing order and wrap up practical tasks.

   Get a certified copy of the court’s closing order to present to banks and other institutions that may still request proof. Close any remaining accounts, cancel unused credit cards, and keep the estate file for several years in case a late creditor claim arises.

Common documents you may need

• Death certificate(s)
• Letters testamentary or letters of administration (if the court issued them)
• Inventory and appraisement filed with the court
• Proof of notice to creditors (publication affidavit or mailing receipts)
• Affidavit of no assets or final accounting
• Proposed order closing the estate and discharging the personal representative

Key points to watch in Utah

• Even if the estate has zero assets, you must usually comply with notice and waiting periods before the court will close the estate.
• Creditors can sometimes bring late claims. Keeping records for several years helps if a claim appears.
• Utah has simplified and informal probate procedures that may apply to small or zero-asset estates — check the Utah Courts resources for available shortcuts: Utah Courts Probate How-To.
• If the estate was never opened but you only need to collect small personal-property items (cash or personal effects), an affidavit process or non-court transfer may be possible for small amounts. See the courts’ guidance for details and thresholds.

Helpful Hints

• Start with the Utah Courts probate how-to pages and forms: Utah Courts — Probate How To and Probate Forms.
• Obtain several certified copies of the death certificate early. Banks and title companies usually require them.
• Keep clear records showing that each asset was distributed or that a particular account had a zero balance at a given date.
• If you expect creditors, keep copies of notices and of any creditor claims you receive and how you handled them.
• Consider contacting the bank or financial institution to get a written statement confirming account closures or zero balances.
• If you are unsure whether to open a probate case, an initial consultation with a Utah probate attorney or a probate clerk at the local court can help you choose the right path.
• Retain estate records for several years after closing — some statutes of limitation for creditor claims or tax audits can extend beyond a year.

Where to find more information and official forms

• Utah Courts — Probate How-To and local probate forms: https://www.utcourts.gov/howto/probate/
• Utah Courts — Probate Forms: https://www.utcourts.gov/howto/probate/forms/
• Utah Code — Title 75 (Probate): https://le.utah.gov/xcode/Title75/75.html

If you want, tell me whether a probate case was opened and whether you (or the spouse’s nominated personal representative) already hold letters of administration or letters testamentary. With that information I can outline the likely forms and the next filing you would use in the Utah probate court.