In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Utah, the law provides a simplified process for administering small estates through the use of a Small Estate Affidavit or a request for Determination of Heirship. According to Utah Code Section 75-3-1201, if the value of the entire estate, less liens and encumbrances, does not exceed $100,000, a Small Estate Affidavit can be used by successors to collect personal property of the decedent. This affidavit can be presented to the entity holding the assets 30 days after the decedent's death, and it must state that all debts, taxes, and expenses have been paid or provided for. Additionally, Utah law allows for a simplified process in probate court for small estates that may include real property. This is known as the Summary Administration process, which is less formal and can be faster than regular probate proceedings. An attorney can provide guidance on whether an estate qualifies for these simplified procedures and assist with the necessary documentation and filings.