Utah probate code · checked October 2026
For money and belongings, Utah's affidavit limit is $100,000 — applied to the estate after the assets that pass automatically are taken out. The Utah affidavit collects personal property only; it does not transfer real estate. The affidavit, where one exists, cannot be used until 30 days have passed since the death.
The affidavit limit today: $100,000, judged by the law in force on the date of death.
How it moves: presented to whoever holds the property; no court case is opened.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different affidavit cap when the claimant is the surviving spouse.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $100,000 | Presented to whoever holds the property; no court case. |
| Summary administration procedure for small estates (Utah Code § 75-3-1203) | — | Summary administration (§ 75-3-1203) has no fixed cap — it follows the homestead allowance, exempt property, family allowance and administration, funeral and last-illness expense formula. |
Vehicles are carved out for title transfer: the Motor Vehicle Division must transfer title to up to four boats, motor vehicles, trailers or semitrailers on the affidavit, and for that transfer the $100,000 test is applied to the estate OTHER than those vehicles (§ 75-3-1201(3)); the 2025 amendment (Ch. 123) also added 'Water shares excluded' to the section catchline.
Sec. 75-3-1201(1) requires no statement that debts have been paid; the recipient is answerable and accountable to a personal representative or person with a superior right (§ 75-3-1202).
Rules checked October 2026 · Sources: Utah Code § 75-3-1201; Utah Code § 75-3-1203; Utah Code § 75-6-405 (TOD deed authorized). This page reads the published law; it is not legal advice, and the court is the final word.