Salt Lake City, UT asked in Estate Planning for Utah

Q: How do you administer a small estate?

First, if there is a small estate (less than $100,000 and no real property), does a personal representative need to be appointed and does the estate need to be summarily closed? Second, can a small estate affidavit be used to access money in a single-party account owned by the decedent?

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1 Lawyer Answer
William Tyler Melling
William Tyler Melling
Answered
  • Estate Planning Lawyer
  • Cedar City, UT
  • Licensed in Utah

A: Usually, if the estate is exempt from probate (no real estate and value under $100k), then you should not need to have a personal representative appointed through the courts. Whoever is the designated personal representative in the decedent's Will (or, if none, the closest living relative) may administer the estate accounts using a small estate affidavit. You can find that form and other information at https://www.utcourts.gov/howto/smallestates/.

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