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Terms Used In Utah Code 57-1-5.1
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Decedent: A deceased person.
Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5
Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
(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”.
