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Saturday, January 6, 2018

Utah Small Estate Affidavit-U.C.A Sec. 75-3-1201-When it's appropriate-Kathie Brown Roberts PC

Probate is not necessary in certain limited instances even if certain titled property was left  solely in the name of the decedent upon death. Unfortunately, real property in Utah, if it remains solely in the name of the decedent upon death, does not qualify for collection by affidavit:

75-3-1201.  Collection of personal property by affidavit.

(1)        Thirty days after the death of a decedent, any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action belonging to the decedent shall pay the indebtedness or deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:

(a)        the value of the entire estate subject to administration, wherever located, less liens and encumbrances, does not exceed $100,000;

(b)        30 days have elapsed since the death of the decedent;

(c)        no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and

(d)        the claiming successor is entitled to payment or delivery of the property.

 


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