Utah Affidavit As to Termination of Life Estate Created by Deed / Assignment
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How to fill out Affidavit As To Termination Of Life Estate Created By Deed / Assignment?
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FAQ
Utah's affidavit of survivorship is governed by Section 57-1-5.1 of the Utah code. When lawfully executed and recorded, this document passes title of property held as joint tenants to the survivor(s) after the death of one of them.
Whether you are the surviving spouse or the heir to an estate, you will need a couple documents to transfer the title from the deceased's name to yours. You must fill out the Survivor Affidavit and have the document notarized. You may also need the Small Estate Affidavit.
Utah's affidavit of survivorship is governed by Section 57-1-5.1 of the Utah code. When lawfully executed and recorded, this document passes title of property held as joint tenants to the survivor(s) after the death of one of them.
Title 57 Chapter 1 Section 5.1 Termination of an interest in real estate -- Affidavit. 57-1-5.1. Termination of an interest in real estate -- Affidavit. Joint tenancy, tenancy by the entirety, or life estate interest in real estate terminates upon the death of a tenant holding the interest.
In Utah, you can own property as joint tenants with the right of survivorship. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies.
There is no simple way to reverse a life estate because a life estate deed is a legal transfer of the title of a property. This is legally binding and the transaction is complete when the life estate is executed. Essentially, in order to reverse a life estate both parties would need to agree to make it happen.
Utah law allows someone handling the estate of a person who died (the decedent) with a "small estate" to use a small estate affidavit to collect personal property (such as money in a bank account, jewelry, clothing, and furniture) instead of going through the probate process. Utah Code 75-3-1201.
