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

75-3-1201. Collection of personal property by affidavit.
(1) Thirty days after the death of a decedent, any person indebted to the decedent orhaving 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 thetangible personal property or an instrument evidencing a debt, obligation, stock, or chose inaction to a person claiming to be the successor of the decedent upon being presented an affidavitmade by or on behalf of the successor stating that:
(a) the value of the entire estate subject to administration, wherever located, less liensand 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 pendingor has been granted in any jurisdiction; and
(d) the claiming successor is entitled to payment or delivery of the property.
(2) A transfer agent of any security shall change the registered ownership on the books ofa corporation from the decedent to the successor or successors upon the presentation of anaffidavit and the security as provided in Subsection (1).
(3) The Motor Vehicle Division of the State Tax Commission shall transfer title of notmore than four boats, motor vehicles, trailers, or semitrailers, registered under Title 41, MotorVehicles, or Title 73, Water and Irrigation, from the decedent to the successor or successors uponpresentation of an affidavit as provided in Subsection (1) and upon payment of the necessaryfees, except that in lieu of that language in Subsection (1)(a) the affidavit shall state that thevalue of the entire estate subject to administration, wherever located, other than those motorvehicles, trailers, or semitrailers, less liens and encumbrances, does not exceed $100,000.

Amended by Chapter 316, 2007 General Session