Affidavit of Surviving Joint Tenant - Utah

AFFIDAVIT OF SURVIVING JOINT TENANT

State of Utah

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

AFFIDAVIT OF SURVIVING JOINT TENANT

Pursuant to Utah Code Section 57-1-5.1

STATE OF UTAH
COUNTY OF _________________

I, _________________________ ("Affiant"), being of legal age and being first duly sworn, depose and state as follows, upon my own personal knowledge:

ARTICLE I: IDENTIFICATION AND COMPETENCY OF AFFIANT

Section 1.1 Affiant

I am the Affiant named above. I am over the age of eighteen (18) years, am under no legal disability, am competent to testify to the matters stated herein, and have personal knowledge of the facts set forth in this Affidavit.

Section 1.2 Purpose

I make this Affidavit to terminate of record the interest of the Decedent named below in the real property described herein, and to establish that title is vested in the surviving owner(s), pursuant to Utah Code § 57-1-5.1.

My mailing address is: _____________________________________________

ARTICLE II: SWORN RECITALS

Section 2.1 (a) Death of Decedent

_________________________ ("Decedent") died on the _____ day of _________________, 20_____, in _________________ County, State of _________________. The Decedent, named in the certificate of death attached as Exhibit "B" (or other document witnessing death issued by a government agency as described in Utah Code § 75-1-107), is the same person named as a party in the vesting instrument described below.

Section 2.2 (b) Vesting of Title with Right of Survivorship

By that certain deed dated _________________, 20_____, the real property described herein was conveyed to and vested in:

_____________________________________________
_____________________________________________

as ☐ joint tenants with rights of survivorship ☐ tenants by the entirety (and not as tenants in common), said instrument being recorded in the office of the _________________ County Recorder, State of Utah, as Entry No. _______, in Book _______, Page _______, on _________________, 20_____.

Section 2.3 (c) Legal Description and Parcel

The real property affected by this Affidavit (the "Property") is located in _________________ County, State of Utah, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Tax Serial/Parcel Number: _____________________________________________

Section 2.4 (d) Affiant Is the Surviving Owner

At the time of the Decedent's death, the Affiant and the Decedent owned the Property of record as ☐ joint tenants with rights of survivorship ☐ tenants by the entirety, as evidenced by the vesting instrument described in Section 2.2. The Affiant is the surviving owner named in said instrument and is the same person therein named. The survivorship interest had not been severed or converted prior to the Decedent's death.

Section 2.5 (e) Vesting of Title in the Surviving Owner

Pursuant to Utah Code § 57-1-5.1(1)(a), the joint tenancy (or tenancy by the entirety) interest in the Property terminated upon the death of the Decedent. By operation of the right of survivorship, all right, title, and interest of the Decedent in and to the Property vested in the Affiant as the surviving owner. This Affidavit is given to terminate of record the Decedent's interest in the Property.

Section 2.6 (f) Estate, Inheritance Tax, and Liens

To the best of the Affiant's knowledge and belief:

(i) Utah imposes no separate state inheritance or estate tax that constitutes a lien against the Property.

(ii) No federal estate tax lien encumbers the Property, or, if applicable, all federal estate tax has been paid or provided for.

(iii) There are no unpaid debts, liens, judgments, or claims against the Decedent that are or could become a lien against the Property, except:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________

ARTICLE III: STATUTORY BASIS AND REQUEST TO RECORD

Section 3.1 Statutory Basis

This Affidavit is made pursuant to and in accordance with:

• Utah Code § 57-1-5 (creation/presumption of joint tenancy; tenancy by the entirety)
• Utah Code § 57-1-5.1 (termination of an interest in real estate — affidavit)
• Utah Code § 75-1-107 (evidence as to death or status)
• Utah Code § 57-3-102, § 57-3-103 (recording requirements; effect of recording)

Section 3.2 Request to Record

The Affiant requests that the _________________ County Recorder accept this Affidavit, with the attached certificate of death (or other document described in Utah Code § 75-1-107), for recording in the office of the recorder of the county in which the affected Property is located, in compliance with Utah Code § 57-1-5.1(1)(b)(v).

ARTICLE IV: VERIFICATION AND JURAT

I declare under oath that the foregoing statements are true and correct.

Dated this _____ day of _________________, 20_____.

_____________________________________________
Signature of Affiant (Surviving Joint Tenant)

_____________________________________________
Printed Name of Affiant

JURAT

STATE OF UTAH
COUNTY OF _________________

Subscribed and sworn to before me this _____ day of _________________, 20_____, by _________________________, the Affiant, who is personally known to me or who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the foregoing instrument.

_____________________________________________
Notary Public

Residing at: _____________________________________________

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Utah

Tax Serial/Parcel Number: _____________________________________________

Being the same property vested in the Affiant and the Decedent by instrument recorded as Entry No. _______, Book _______, Page _______, in the office of the _________________ County Recorder, State of Utah.

EXHIBIT B - CERTIFIED DEATH CERTIFICATE

ATTACH A COPY OF THE DECEDENT'S CERTIFICATE OF DEATH HERE.

Utah Code § 57-1-5.1(1)(b)(iv) requires that a copy of the death certificate (or other document issued by a government agency as described in Utah Code § 75-1-107) be attached as an exhibit to this Affidavit and recorded with it.

UTAH RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Statutory Affidavit Content (Utah Code § 57-1-5.1(1)(b))

The affidavit must: (i) cite the terminated interest being disclosed; (ii) contain a legal description of the affected real property; (iii) reference the entry number and the book and page of the instrument creating the terminated interest; (iv) attach as an exhibit a copy of the death certificate or other document issued by a government agency as described in § 75-1-107; and (v) be recorded in the office of the recorder of the county in which the affected property is located.

Recording Fees

Transfer Tax

Utah does NOT impose a state real estate transfer tax. Termination of a joint-tenancy interest by survivorship is not a taxable conveyance.

Important Utah Notes

1. Statutory Form: Utah Code § 57-1-5.1(3) provides a substantially-conforming statutory affidavit form; this template incorporates its required content.

2. Joint Tenancy Presumption (2024): For grants on or after May 1, 2024, a grant to two or more persons in their own right is presumed to be a joint tenancy with rights of survivorship unless severed, converted, or expressly declared otherwise (§ 57-1-5).

3. Death Certificate Attachment: A copy of the death certificate must be attached and recorded (§ 57-1-5.1).

4. Vesting Reference Required: The entry number, book, and page of the vesting instrument must be referenced.

5. Title Insurance: The surviving owner should consider a title update or new owner's policy.

6. Legal Counsel: Consultation with a licensed Utah attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Utah attorney before using this form.