Elder Law - Small Estates

The term "small estate" is used in the Probate Code to identify those estates that do not require being processed through the Probate Court.

In Utah, a small estate is defined as an estate that does not exceed $100,000 in total Signing Documentvalue. An estate that is $ 100,000 or less, can be transferred through a Will without going through the Probate Court. A "Small Estate Affidavit" is all that is required. However, if the deceased person owned any real property (meaning land), the Probate Court is necessary regardless of the value of such real property.

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