If you’ve recently lost a loved one in Utah and are facing the probate process, a Utah small estate affidavit (also called a Collection by Affidavit or Affidavit for Collection of Personal Property) can save you thousands in attorney fees and months of waiting. In my 12+ years drafting estate and probate documents for families and small businesses across the U.S., I’ve helped hundreds of Utah residents use this simple form to transfer bank accounts, vehicles, wages, and other assets without opening a full probate case.
This article gives you everything you need: a free, attorney-reviewed 2025 Utah small estate affidavit template that complies with Utah Code § 75-3-1201, clear instructions, eligibility rules, and common mistakes to avoid. I’ve included direct citations to IRS.gov and Utah state statutes so you can verify every requirement yourself.
Important Disclaimer: This template and guide are for informational purposes only and do not constitute legal advice. Laws change, and your situation may have unique factors. Always consult a licensed Utah probate attorney or legal professional before signing or filing any document.
Utah allows successors (heirs, spouse, or creditors in limited cases) to collect personal property from a deceased person’s estate using a sworn affidavit instead of formal probate when the total value of the Utah-located personal property (excluding real estate) does not exceed $100,000 as of 2025 (Utah Code § 75-3-1201).
Common assets you can transfer with the affidavit of survivorship Utah residents often use:
Real estate, jointly-owned property with right of survivorship, and assets with named beneficiaries (life insurance, retirement accounts, POD/TOD accounts) are not counted toward the $100,000 limit and usually transfer automatically.
Before downloading the template, confirm you meet all statutory requirements (Utah Code § 75-3-1201):
| Requirement | Details |
|---|---|
| Waiting Period | At least 30 days must have passed since death |
| Value Limit | Total Utah personal property ≤ $100,000 (real estate excluded) |
| No Real Estate | Affidavit cannot transfer land or houses unless titled in revocable trust |
| No Pending Probate | No personal representative has been appointed in Utah |
| Successor Status | You must be a spouse, child, parent, sibling, or other heir entitled under intestate succession or the will |
Download Utah Small Estate Affidavit – Microsoft Word (.docx)
Download Utah Small Estate Affidavit – PDF Version
Both versions are 100% free, require no email signup, and are updated for 2025 Utah law.
I’ve broken down every section of the official-format template so you can complete it in under 30 minutes.
Full legal name, date of death, county of residence, and Social Security number (required by many banks and the IRS).
Your full name, relationship to the deceased, and mailing address.
Include the exact date of death and confirm 30+ days have passed.
List every asset with description and fair market value on date of death. Example:
Total must be under $100,000.
Explicitly state that the decedent owned no interest in Utah real property (or it passed via joint tenancy/trust).
Declare you are entitled to the property under Utah intestate succession (Title 75, Chapter 2) or the decedent’s will.
Sign in front of a Utah notary public. Most banks and credit unions offer free notary services.
Utah does not require filing with the court. Instead, you present the signed, notarized affidavit directly to the asset holder:
Many institutions also request IRS Form 1310 if claiming a federal tax refund for the decedent (see IRS.gov Publication 559).
If the asset was jointly owned with right of survivorship (common with married couples), you typically do not need a small estate affidavit. Instead, present the death certificate and the institution retitles the account automatically. The affidavit of survivorship Utah banks sometimes request is a separate short form confirming the joint tenancy.
In my experience reviewing rejected affidavits:
Even with a small estate affidavit, you may need to file:
See IRS.gov – “Survivors, Executors, and Administrators” section for details.
The Utah small estate affidavit is one of the most family-friendly probate shortcuts in the country. When used correctly, it lets grieving families access funds quickly and inexpensively. Download the free 2025 template above, follow the instructions, and you’ll likely avoid probate court entirely.
Again, this is not legal advice. If your situation involves minor children, disputes among heirs, or significant debt, consult a Utah probate attorney immediately.
Safe travels through this difficult time – I hope this guide and template make one part of the process a little easier.