Utah Small Estate Affidavit | Affidavit of Heirship
If a person lived in Utah or owned property in the state, and passes away, Utah allows successors – from family members to creditors – to file either an affidavit of heirship or a small estate affidavit to claim possession of the personal, financial, tangible, and real estate property owned by the decedent. Creditors must have evidence of the debts owed by the decedent in order to file these affidavits. Utah defines a “small estate” as property valued at $100,000 or less to avoid probate court. In addition, the Motor Vehicle Division of the State Tax Commission does not allow the transfer of titles for more than 4 motor vehicles, including boats, cars, trucks, semi-trailers, or trailers.
Affidavit of Heirship: in Utah, this affidavit covers personal, financial, and tangible property belonging to a decedent, which includes bank accounts, vehicles, and heirlooms, but not real estate.
Small Estate Affidavit: If a loved one owns property like land or a home in Utah, loved ones may file the small estate affidavit to claim that property and avoid probate court, so long as it does not exceed $100,000 in value.