Skip to main content
Find a Lawyer

Utah Code Title 57. Real Estate § 57-1-5.1. Termination of an interest in real estate--Affidavit

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) Joint tenancy, tenancy by the entirety, or life estate interest in real estate terminates upon the death of a tenant holding the interest.

(b) The termination of an interest upon death as described in Subsection (1)(a) may be disclosed by an affidavit that:

(i) cites the terminated interest that is being disclosed;

(ii) contains a legal description of the real property that is affected;

(iii) references the entry number and the book and page of the instrument creating the terminated interest;

(iv) has attached as an exhibit, a copy of the death certificate or other document issued by a government agency as described in Section 75-1-107; and

(v) is recorded in the office of the recorder of the county in which the affected property is located.

(2) A determinable or conditional interest in real estate may be terminated by an affidavit that:

(a) cites the interest that is being terminated;

(b) contains a legal description of the real property that is affected;

(c) references the entry number and the book and page of the instrument creating the interest to be terminated; and

(d) is recorded in the office of the recorder of the county in which the affected property is located.

(3) An affidavit described under this section may be in substantially the following form:

“Affidavit

State of Utah

)

) ss

County of _________________

)

I, (name of affiant), being of legal age and being first duly sworn, depose and state as follows:

(The name of the deceased person), the decedent in the attached certificate of death or other document witnessing death is the same person as (the name of the deceased person) named as a party in the document dated (date of document) as entry _______ in book _______, page _______ in the records of the (name of county) County Recorder.

This affidavit is given to terminate of record the decedent's interest in the following described property located in ________________ County, State of Utah: (description of the property).

Dated this ______ day of ___________________, ________.

_________________________________________________

(Signature of affiant)

Subscribed to and sworn before me this _______ day of ______________, _________.

_________________________________________________

Notary public”.
Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Utah Code Title 57. Real Estate § 57-1-5.1. Termination of an interest in real estate--Affidavit - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-57-real-estate/ut-code-sect-57-1-5-1/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard