How do I prepare an heirship affidavit in Utah? | Utah Probate | FastCounsel
UT Utah

How do I prepare an heirship affidavit in Utah?


Detailed Answer

In Utah, there is no traditional heirship affidavit for real property. Instead, Utah’s Uniform Probate Code provides a streamlined affidavit process for small intestate estates. You can use:

  1. Personal Property Affidavit under Utah Code § 75-3-1004 if the decedent’s personal property does not exceed $15,000 (exclusive of liens).
  2. Real Property Affidavit under Utah Code § 75-3-1005 if the value of decedent’s real property subject to intestate succession does not exceed $100,000.

1. Confirm Eligibility

Ensure no probate proceeding is pending and that estate assets fall within the statutory limits. See Utah Code § 75-3-1002.

2. Gather Information

  • Decedent’s full legal name and date of death.
  • Legal description of the property and approximate value.
  • List of heirs and relationship to decedent.

3. Draft the Affidavit

The affidavit must include:

  • A statement of eligibility under the correct Utah Code section.
  • Heirship facts: lineage, residence, and absence of a will.
  • A sworn oath before a notary public.

4. Notarize and Record

Sign the affidavit before a notary public. File it in the county recorder’s office where the property is located. Recording requirements vary by county.

5. Provide Notice

Send a copy of the recorded affidavit to all heirs. Retain proof of service for your records.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your situation.

Helpful Hints

  • Double-check property values to meet statutory thresholds.
  • Use official forms or templates from the Utah State Courts website.
  • Contact the county recorder for recording fees and requirements.
  • Verify that no probate has been opened by searching online court dockets.
  • Keep copies of all filed documents and correspondence.


The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.