Short answer: On a Utah small estate affidavit you should list the decedent’s personal property and other assets that you intend to collect or transfer using the affidavit. Do not list assets that are not part of the decedent’s probate estate (for example certain jointly owned property, assets with designated beneficiaries, trusts, and many types of life insurance proceeds). Always check the Utah statute and the specific court form to confirm what the affidavit covers.

Why this matters

Using a small estate affidavit lets a person (the affiant) collect some assets of a deceased person without formal probate. Listing the wrong assets or omitting required information can cause banks or other institutions to refuse payment, expose you to liability, or lead to a later dispute. This FAQ explains how to decide what to include on the affidavit under Utah law and how to approach common asset types.

How Utah treats small estate affidavits (where to check)

Utah law and the Utah courts set the rules for small estate procedures (including what the form covers and any dollar limits). Always confirm the current statutory limits and form requirements before you act. See Utah courts’ guidance on small estates: https://www.utcourts.gov/howto/smallestate/. For statutory language and limits, consult the Utah Code (Probate/Decedent’s estate provisions) at the Utah Legislature site: https://le.utah.gov/.

Step-by-step: How to decide which assets to list

1. Identify the scope of the affidavit form you will use. Some Utah small estate affidavits cover only personal property (bank accounts, vehicles, household goods), while other procedures may cover additional items. Read the form and its instructions closely or look at your local court’s small estate instructions.
2. Determine whether an asset is part of the probate estate.
   • If the decedent owned the asset solely in their name and no beneficiary designation or survivorship right applies, the asset is likely part of the probate estate and should be listed if you intend to collect it using the affidavit.
   • If ownership passes automatically outside probate (joint tenancy with right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) designations, named beneficiaries, trust assets), those items normally are not part of the probate estate and generally are not collectible via the small estate affidavit.
3. Check title and beneficiary language. For each asset, find the title (vehicle title, deed, account statements, insurance policy) and look for wording such as POD, TOD, joint tenants with right of survivorship, beneficiary, payable to X on death, or held in trust. If such language exists and is effective, you probably cannot (and should not) list the asset as estate property on the affidavit.
4. Value every asset you plan to include. Many small estate procedures set a maximum total value for assets that the affidavit may be used to collect. Add values only for assets that are properly part of the probate estate. Do not inflate or misstate values—institutions may require supporting documentation.
5. Exclude assets with separate procedures. Examples often excluded from small estate affidavits include most life insurance proceeds payable to a named beneficiary, assets held in a revocable trust, and real property that requires formal probate or transfer by deed. If you plan to transfer real estate, check whether the small estate procedure covers real property in Utah or if formal probate is required.
6. When an asset has zero value. If an asset exists but has no fair market value (an old phone with no resale value, damaged household goods), you may list it with a value of zero or omit it if the form only asks for assets you are collecting. If the affidavit asks for all known assets of the decedent, list the item and state its value as zero. Be honest and keep records to support the zero value claim.
7. When you are unsure, disclose and document. If you are uncertain whether a particular item is probate property, include a short note explaining the basis for your position (for example, “account shows POD to John Doe — not listed as estate asset”), and attach copies of supporting documents. Institutions prefer clarity and documentation.

Common asset types — what to do (practical examples)

• Bank accounts: If the account is titled solely in the decedent’s name and has no POD designation, it is generally a probate asset and can be listed on the affidavit. If it has a POD/TOD beneficiary or is jointly owned with survivorship, do not list it as part of the estate.
• Vehicles: A car titled only in the decedent’s name is normally a probate asset and can be listed (many states provide a vehicle transfer procedure tied to an affidavit). If the title names a surviving owner or beneficiary, you typically do not include it.
• Real property (house, land): Many small estate affidavits do not cover real property—or have special rules—so verify whether the Utah small estate process you plan to use authorizes transfer of real estate. If real property is excluded, do not list it as an asset you will collect via the affidavit; instead consult probate counsel or the court.
• Life insurance: Proceeds payable to a named beneficiary are paid directly to the beneficiary and are usually not part of the probate estate. Do not list those proceeds. If the estate is the beneficiary, list the policy proceeds among estate assets.
• Retirement accounts (IRAs, 401(k)s): Usually payable to a named beneficiary or designated beneficiary; not probate assets if a beneficiary exists. If the estate is beneficiary, they are probate assets and can be listed.
• Trust assets: Property held in an inter vivos trust does not pass through probate and should not be listed as estate property.
• Jointly owned property: If the surviving joint owner has a right of survivorship, the asset generally passes outside probate and should not be listed.

Hypothetical illustration

Example facts: A decedent (Anna) dies leaving a checking account titled solely in her name with $2,500; a savings account marked “POD to Bob” with $4,000; a car titled only to Anna worth about $7,000; a life insurance policy naming Carol as beneficiary; and a house titled solely in Anna’s name.

How to handle these on a Utah small estate affidavit:

• Checking account ($2,500): Likely probate property — list it if you intend to collect using the small estate affidavit.
• Savings account (POD to Bob): Not part of the probate estate — do not list as collectible estate property; Bob should present the beneficiary designation to the bank.
• Car ($7,000): If the small estate affidavit covers vehicles and total estate value is under the statutory limit, list the car and its value and provide title to support the transfer. If vehicle transfers are excluded by the form, follow the motor vehicle title office’s instructions.
• Life insurance (beneficiary Carol): Not estate property — do not list.
• House (real property): Many small estate procedures exclude real property; verify Utah rules. If excluded, do not list it as an asset you will collect via the affidavit; you may need formal probate or another transfer method.

Practical tips before you sign and file the affidavit

• Gather supporting documents: death certificate, account statements, titles, beneficiary designations, trust documents, and ID for the affiant.
• Confirm the statutory dollar limit and whether the form covers real property or vehicles. Do not assume limits or coverage from another state’s rules.
• Be accurate and transparent. List assets you know about and their values truthfully. Institutions often demand documentation before releasing funds or property.
• When in doubt, call the institution that holds the asset (bank, DMV, insurer) to ask what documents they require and whether they accept a small estate affidavit for that asset type.
• Consider consulting an attorney if the estate is near the statutory limit, includes real property, or involves disputes among heirs.

Helpful resources

• Utah Courts — Small Estates information and forms: https://www.utcourts.gov/howto/smallestate/
• Utah Legislature — search Title 75 (probate) for the current statutory provisions that govern small estates: https://le.utah.gov/

Disclaimer

This article is educational and informational only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Utah attorney or contact the Utah state courts or a local probate clerk.