Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Utah, you can use a small estate affidavit to collect certain assets if the decedent’s estate meets the statutory limits. This process avoids formal probate. Under Utah Code § 75-2-1301, you may use this method when the net personal property does not exceed $10,000 and real property does not exceed $10,000. Here’s what you need:
1. Certified Death Certificate
Obtain a certified copy of the decedent’s death certificate from the county health department or Utah Department of Health.
2. Small Estate Affidavit Form
Use the form that complies with Utah Code § 75-2-1302. The affidavit must include:
- Decedent’s full legal name and date of death.
- Relationship of the affiant (your relationship to the decedent).
- A list of all assets subject to the affidavit and their fair market values.
- Statement that no formal probate proceeding is pending in any jurisdiction.
- A statement that at least 30 days have passed since the decedent’s death.
- Declaration that the affiant is entitled to the assets under Utah law.
3. Proof of Asset Values
Attach recent statements or appraisals for bank accounts, investment accounts, vehicles (Dept. of Motor Vehicles), and personal property.
4. Notice to Known Creditors
If the estate might have creditors, provide proof of mailing a notice to each known creditor or a sworn statement that no creditors are known. Utah does not require publication for small estates, but creditors must have notice.
5. Verification of Heirship
If you are not the sole beneficiary, include documentation showing each heir’s name, relationship, and share. A simple heirship affidavit or pedigree chart works.
6. Notarization and Submission
Sign the affidavit in front of a Utah notary public. Then submit it, along with all attachments, to the institution holding the assets (e.g., bank, title company, DMV).
Helpful Hints
- Confirm asset values do not exceed Utah’s small estate limits before proceeding.
- Keep copies of all documents you submit.
- Check with each asset holder for their specific submission requirements.
- Wait at least 30 days after death before filing to meet statutory timing.
- Consider consulting an attorney if the estate is complex or if disputes arise.