If you’re handling a loved one’s estate in Utah and there’s no will, an heirship affidavit is often the simplest way to transfer property like a house or bank account without going through probate. It’s not a court filing, but a sworn statement that identifies who inherits under Utah law and it’s accepted by many banks, title companies, and county recorders when the estate is small and uncontested.

What is an heirship affidavit in Utah?

An heirship affidavit is a legal document signed under oath that lists the deceased person’s heirs, their relationship to the deceased, and how assets should be distributed under Utah’s intestacy laws. It’s used instead of probate when the estate qualifies generally when it’s under $100,000 in personal property and doesn’t include real estate that needs formal title transfer (though some counties accept it for certain real property transfers). You can find the official form and learn more about the forms and process on our dedicated page.

When do people file one in Utah?

You’d use an heirship affidavit if the person died without a will, there are no known creditors making claims, and all heirs agree on who inherits what. For example: your father passed away owning only a paid-off car and a savings account worth $45,000. No one is contesting the distribution, and you and your siblings are his only children. In that case, you’d likely qualify to file an heirship affidavit rather than open a probate case.

Who can sign it and who must be included?

At least two disinterested witnesses (not heirs) must sign the affidavit, and all adult heirs must either sign it themselves or be named in it with their full names and relationships. Minors can be listed as heirs, but a guardian or conservator may need to act on their behalf. You’ll also need to list all known heirs even those who waive their interest so nothing gets overlooked later. Details about who qualifies as an heir and what counts as “disinterested” are covered in the heirship affidavit requirements.

Where and how do you file it?

You don’t file it with a court. Instead, you submit the completed, notarized affidavit directly to the institution holding the asset like a bank, credit union, or county recorder’s office. Some counties, like Salt Lake County, require you to record it with the county recorder if transferring real property. Others, like Utah County, may ask for additional verification. The how to file heirship affidavit in Utah page walks through each step based on where the asset is held.

Common mistakes to avoid

  • Failing to list all heirs even estranged or unknown ones if they’re entitled under Utah law.
  • Using outdated forms: Utah updated its heirship affidavit statute in 2023 (Utah Code § 75-3-101), and older versions may not meet current notarization or witness requirements.
  • Signing before a notary without having all required witnesses present some notaries mistakenly treat it like a regular affidavit and skip the witness requirement.
  • Assuming it works for all assets: retirement accounts, life insurance, and jointly held property usually pass outside of heirship affidavits and need separate steps.

What happens after you submit it?

Most institutions review the affidavit within a few business days. If everything is complete and matches their records, they’ll release the asset like issuing a new deed or closing the account and distributing funds. If they reject it, they’ll usually tell you why (e.g., missing witness signature, unclear heir relationship, or unrecorded real property). You can correct and resubmit, or consider other options like small estate affidavit or informal probate. The steps to complete heirship affidavit in Utah page includes a checklist and sample timeline.

Before you start

Gather certified copies of the death certificate, birth/marriage certificates proving heir relationships, and a list of all known heirs including contact info and any waivers if someone declines their share. Review the legal guidelines to confirm your situation fits the rules, especially around creditor claims and time limits. If the estate includes real estate, talk to the county recorder first practices vary.

Next step: Download the current Utah heirship affidavit form, fill it out with all heirs present, get it signed by two disinterested witnesses and notarized, then submit it directly to the bank or county office holding the asset.