How Utah Probate Works And When Small Estates Can Skip Court
Plain-English guide to thresholds, small-estate affidavits, informal vs. formal probate, timelines, and costs
Utah Law Explained keeps this simple. Probate is required in Utah when an estate includes any real property or when total personal property is above $100,000. Many smaller estates can avoid court with a short affidavit after 30 days. This page shows which track fits your situation and how long each stage usually takes.
Overview – This guide covers: when probate applies, informal vs. formal probate, the small-estate affidavit, timelines and key deadlines, typical costs and ways to reduce them.
When Probate Applies in Utah
Use these rules to decide if you must file in court or if a small-estate affidavit will work.
Real Property Present
If the estate includes Utah real estate, probate is required. A small-estate affidavit cannot transfer land or a home.
$100,000 Threshold
Probate is required if personal property exceeds $100,000. Cars do not count toward this limit.
Small Estate Option
If no Utah real property and personal property is under $100,000, you can likely use a small-estate affidavit after 30 days.
Vehicles and Boats
Transfer up to four titles with DMV Survivorship Affidavit TC-569C after 30 days, no court filing needed.
Choose the Right Track
Match your facts to the simplest legal path.
Small-Estate Affidavit
Under $100,000, no Utah real property, at least 30 days since death, and no personal representative appointed.
You do not file this with the court. Sign before a notary and deliver it directly to banks or other asset holders.
Informal Probate
Use when everyone agrees on heirs and debts. Mostly paperwork. Usually no hearing. Start 120 hours after death.
Formal Probate
Use when there are disputes about a will, heirs, or debts, or you need court orders. Requires a hearing.
Informal vs. Formal Probate – What To Expect
Informal Probate
Formal Probate
Creditor Timeline
Vehicles and Boats
Step-by-Step Paths
A) Small-Estate Affidavit
Confirm Eligibility
Under $100,000 in personal property, no Utah real property, at least 30 days since death, and no personal representative appointed.
Prepare the Affidavit
Use Utah’s small-estate affidavit form. Attach the death certificate and proof you are entitled to collect.
Sign and Notarize
Sign before a notary. You do not file it with the court.
Collect Assets
Deliver the notarized affidavit directly to banks, credit unions, insurers, or other asset holders.
Vehicles or Boats
Use DMV Survivorship Affidavit TC-569C to transfer up to four titles without probate.
B) Informal Probate
Wait 120 Hours
Utah requires at least 120 hours after death before filing.
File in District Court
Submit the application for probate, the original will if any, and acceptance forms in the county where the person lived.
Get Appointed
The court issues Letters Testamentary if there is a will or Letters of Administration if there is not. These give legal authority to act.
Notify Creditors
Publish a notice to shorten the claim period to about 3 months. Without publication, claims can be filed up to 1 year.
Inventory, Pay, Distribute
Gather and value assets, pay debts and taxes, then distribute the remainder to heirs.
Close the Estate
File closing papers after debts are resolved and distributions are complete.
Typical Costs and Ways To Save
Ways to save: use the small-estate process if eligible, request a fee waiver if finances are limited, keep clean records to avoid extensions or corrections.
Common Mistakes
Trying to use a small-estate affidavit when real property exists.
Skipping the 30-day wait before using the affidavit.
Missing the 3-year deadline to open probate.
Distributing assets before the creditor claim period ends.
Video & Social Learning Hub
Key Takeaways
Probate is required if there is Utah real property or personal property over $100,000. Cars do not count toward the limit.
Many small estates can skip court with a notarized affidavit after 30 days.
Informal probate handles most agreed estates on paperwork. Formal probate is for disputes and needs a hearing.
This page is legal information, not legal advice. When in doubt, get counsel before you file.
Need Help Applying This To Your Situation
Probate is usually a once-in-a-lifetime process. Confirm early if your facts fit the small-estate path to save time. If you are already serving as a personal representative, track deadlines and keep copies of every notice and filing.
Talk to a Utah AttorneyGet clear next steps for timelines, affidavits, creditor notices, and closing the estate the right way.