After a death in Utah

Small estates

Small estate affidavit (Utah Code 75-3-1201). Can be used when the estate subject to probate, less liens and encumbrances, is worth $100,000 or less, and 30 days have passed since death. The successor signs the affidavit before a notary and gives it to the bank or other holder. It is not filed with the court. It cannot transfer real estate. A separate affidavit transfers up to four boats, vehicles, trailers or semitrailers through the Division of Motor Vehicles.

• Limit: $100,000 (estate subject to probate, less liens and encumbrances)
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In Utah, estates are handled by the District Court in the county where the person lived., usually in the county where the person lived.

Creditor claims: 3 months after the first publication of the notice to creditors. Creditors who get mailed notice have the later of 90 days from publication or 60 days from the mailing (Utah Code 75-3-801).

Official court forms

Small Estate Affidavit | Utah Courts

Utah courts’ self-help page explaining how to collect a small estate with a sworn affidavit instead of probate, with the court form.

Small estate form: open the form

Only for estates worth $100,000 or less with no real estate. Wait at least 30 days after the death. The affidavit must be notarized and is given to whoever holds the property; it is not filed with the court.

Estate and inheritance tax

• State estate tax: No. Utah has no state estate tax.
• Inheritance tax: No. Utah has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: Yes. Transfer on death deed under Utah’s Uniform Real Property Transfer on Death Act, effective May 8, 2018 (2018 H.B. 94). It must be recorded before the owner dies.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: In writing, signed by the will maker (or by another in their conscious presence and at their direction), and signed by at least two witnesses, each within a reasonable time after seeing the signing or the will maker’s acknowledgment (Utah Code 75-2-502). A self-proving affidavit before a notary is allowed.

Handwritten wills: Valid, witnessed or not, if the signature and material portions are in the will maker’s handwriting (Utah Code 75-2-502).

Power of attorney and health care directive

Financial power of attorney: Utah Uniform Power of Attorney Act (Utah Code Title 75, Chapter 9). The principal must sign before a notary (Utah Code 75-9-105). No witnesses are needed. If the principal lives in a hospital, assisted living or skilled nursing facility, the agent generally cannot be an owner, operator, provider or employee of that facility unless related. There is a statutory form (Utah Code 75-9-301).

Health care directive: Utah Advance Health Care Directive (Utah Code Title 75, Chapter 2a), which names a health care agent and gives treatment wishes. It needs only one disinterested adult witness (Utah Code 75-2a-107). The witness cannot be the agent, a relative by blood or marriage, an heir or beneficiary, anyone who benefits financially from the death, anyone financially responsible for your care, or your health care provider or facility administrator. No notary is required.

Death certificates

Certified copies come from the Utah Office of Vital Records and Statistics. Phone 801-538-6105.. The fee is $35 for the first certified copy and $10 for each extra copy of the same record ordered the same day (fees effective July 1, 2026).. The funeral home can usually order them for you.

Orders can be placed online at secure.utah.gov/vitalrecords or by mail. In mid 2026 the office reported about a 6 week backlog.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Utah death certificate fees went up on July 1, 2026 ($35 first copy). A Utah advance directive needs only one witness, fewer than most states.