FastCounsel

Detailed Answer — How to submit an affidavit accounting for personal property in a small estate case (Utah)

Short answer: In Utah, a person who is entitled to receive a decedent’s personal property may use a small‑estate affidavit (sometimes called an affidavit for collection of personal property) to collect and distribute personal property without opening a full probate administration, provided the estate qualifies under Utah law. The general steps are: confirm the estate qualifies as a small estate, prepare a clear sworn affidavit that lists the personal property and accounting, attach required documents, notarize the affidavit, present or file it with the holder of the property (bank, business, or agency) or with the probate court if you want a court record, and follow any notice and waiting‑period requirements.

What “personal property” and “small estate” usually mean

Personal property generally includes tangible items (bank accounts, cash, vehicles, household goods, jewelry) and intangible property (bank accounts, stocks). It does not include real property (land or houses) unless the state’s small‑estate rules specifically allow handling of limited real property. Whether an estate qualifies as a “small estate” depends on a statutory dollar limit and any exclusions in Utah law. Check the Utah Probate Code and local court guidance or ask the probate clerk about the current dollar threshold before relying on a small‑estate affidavit. Utah’s probate statutes are published by the Utah Legislature: Utah Legislature (Title 75 — Probate). Utah Courts also publish practical probate guides: Utah Courts — Probate How‑To.

Step‑by‑step: preparing and submitting an affidavit accounting for personal property

1. Confirm eligibility. Verify the estate’s personal‑property value is at or below the Utah statutory small‑estate limit and that the property you seek to collect qualifies as personal property. Contact the probate clerk if you are unsure.
2. Gather supporting documents. Collect the decedent’s death certificate, account statements, vehicle title or registration, insurance policies, bills, identification for the person making the affidavit (the affiant), and any documents that show ownership or value.
3. Draft the affidavit. The affidavit should be a sworn statement signed before a notary and typically must include:
   • Affiant’s name, address, and relationship to the decedent;
   • Decedent’s full name and date of death;
   • A statement that no personal representative (executor/administrator) has been appointed for the estate in Utah and that no pending probate administration exists (if that is true);
   • A clear assertion that the total value of the decedent’s personal property subject to collection does not exceed the statutory small‑estate limit;
   • An itemized list of the personal property being collected, with estimated values; for accounts, include account numbers and the exact amount if known;
   • A short accounting of funeral expenses, debts paid (if any), and proposed distributions to beneficiaries or heirs; and
   • A sworn declaration that the information is true under penalty of perjury, followed by the affiant’s signature and notarization.
4. Include attachments. Attach a certified copy of the death certificate and any documents proving ownership (bank statements, vehicle title, policy documents). If you plan to distribute funds to heirs, attach a proposed distribution sheet and receipts you will keep after distribution.
5. Provide notice if required. Some small‑estate procedures require you to notify known heirs and certain creditors or to wait a statutory period before distributing assets. Ask the court clerk or review court guidance for local notice/time‑to‑claim rules and comply with them.
6. Present or file the affidavit. In many cases you present the notarized affidavit to the person or institution holding the property (for example, the bank or the Department of Motor Vehicles) to obtain release of the funds or transfer of personal property. Some institutions will accept the affidavit and release property; others may ask for a certified copy, a court order, or may require you to file the affidavit with the probate court first. Filing a copy with the probate court creates a public record of the claim and may reduce later disputes.
7. Keep careful accounting and receipts. After you receive money or property, prepare a written accounting showing amounts received, debts and expenses paid, and distributions made to heirs. Have beneficiaries sign receipts when they accept property or money. Keep these records in case a creditor, heir, or the court later requests proof.
8. When to seek court supervision or hire an attorney. If the estate includes real property, if creditors are likely to make claims, if heirs dispute distribution, if the property value exceeds the small‑estate limit, or if institutions refuse to accept the affidavit, consider opening a formal probate administration or talking with an attorney who handles probate and estate matters.

Sample (hypothetical) affidavit outline

The following is a simplified outline of what an affidavit might state — use your local court’s forms (if available) or consult counsel to draft a final document:

• I, [Name], swear that I am [relationship] of [Decedent Name], who died on [date].
• No personal representative has been appointed in Utah and no probate case is pending.
• The total value of the decedent’s personal property in Utah subject to collection does not exceed [statutory limit].
• The following personal property and amounts are claimed: [list of bank accounts, cash, vehicle (VIN), household goods, etc. with values].
• Funeral expenses of $[amount] and debts of $[amount] (list if paid or unpaid).
• I request release of the property listed to distribute as follows: [distribution plan].
• I declare under penalty of perjury that the foregoing is true and correct.
• Signature, date, and notary block.

What institutions commonly require

Banks often require a notarized affidavit and may ask for a certified death certificate. The motor vehicle division may require specific forms or an affidavit to change title or registration. Social Security and other federal agencies have their own procedures. Ask each entity in advance what documentation they will accept.

Where to find Utah forms and official guidance

• Utah Courts probate how‑to and forms: https://www.utcourts.gov/howto/probate/
• Utah Legislature statutes (search Title 75 — Probate Code): https://le.utah.gov/. Use the statute search to find the current small‑estate provisions and any dollar limits.

Important disclaimer: This article is educational only and does not constitute legal advice. Laws change and individual cases differ. For advice specific to your situation, contact a licensed Utah attorney or the probate clerk in the county where the decedent lived.

Helpful Hints

• Confirm the statutory small‑estate dollar limit before using a small‑estate affidavit—different rules or thresholds can apply depending on what property is involved.
• Use local court forms if the Utah courts or your county court provides a small‑estate affidavit form—this increases the chance a bank or agency will accept it.
• Always attach a certified copy of the death certificate; most banks and agencies require it.
• Provide clear, itemized values and keep receipts for every distribution you make.
• Give written notice to known heirs where required and retain proof of the notice or mailing.
• If a bank or agency refuses to accept the affidavit, ask whether they require a filed affidavit, a court order, or a formal probate opening—and get that requirement in writing if possible.
• When in doubt, consult a probate attorney—small estates are often handled informally, but disputes or creditor claims can make the situation more complicated.