If a loved one who lived in or owned property in Utah passes away without a will, or the real estate is not covered in the will, grieving family members may file a small estate affidavit in the state and claim the homes or land owned by the decedent. The property may not value more than $100,000, and this small estate affidavit does not include vehicles (those are covered by the affidavit of heirship). Creditors may also file this affidavit if there are no other claims to property in order to collect on debts, as long as they have evidence of the decedent’s debts. Successors must wait at least 30 days after the decedent’s passing, per Utah Code Ann. § 75-3-1201.
How to Write
Step 1 – Download in Adobe PDF or Microsoft Word (.doc).
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – File the form with a copy of the death certificate to the proper clerk or courthouse.
