Utah Affidavit of Survivorship
Definition and meaning
The Utah Affidavit of Survivorship is a legal document used when one Joint Tenant passes away. This affidavit allows the surviving Joint Tenant to affirm their rights to the property without needing to go through probate court. It establishes that the deceased Joint Tenant’s interest in the property automatically transfers to the surviving Joint Tenant.
How to complete a form
Filling out the Utah Affidavit of Survivorship involves a few key steps. Begin by gathering necessary information, such as:
- The name of the deceased Joint Tenant
- The property description, including its legal description and parcel number
- Your signature as the surviving Joint Tenant
- The date of signing
Once you have this information, complete the form accurately, sign it, and have it notarized to ensure its legal validity.
Who should use this form
This affidavit is primarily for individuals who are Joint Tenants of a property and have experienced the death of one of the tenants. It is particularly beneficial for surviving partners or co-owners who wish to secure their rights to the property without delays associated with probate proceedings.
What documents you may need alongside this one
When filing the Utah Affidavit of Survivorship, you may need:
- A certified copy of the deceased Joint Tenant's death certificate
- Any prior deeds or legal documents related to the property
These documents help provide verification of joint ownership and the passing of the tenant.
What to expect during notarization or witnessing
When you take the completed Utah Affidavit of Survivorship to a notary, be prepared to present valid identification. The notary will verify your identity and ensure that you are signing the document voluntarily. They will then affix their seal to the affidavit, making it officially recognized. Ensure that the notarization occurs in the appropriate section of the form.
Benefits of using this form online
Using the Utah Affidavit of Survivorship form online offers several advantages:
- Accessibility: Easily download and print the form from anywhere.
- Time-saving: No need to visit a law office or bank to obtain the form.
- Cost-effective: Often available at a lower cost than hiring a legal professional.
Overall, obtaining the form online simplifies the process for users.
Form popularity
FAQ
You must fill out the Survivor Affidavit and have the document notarized. You may also need the Small Estate Affidavit. Once you have the forms notarized, bring them and the application for title transfer to the DMV. You will not be charged the sales and usage tax, but all other title and registration fees.
In Utah, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Each joint tenant has what is called a ?right of survivorship,? which means that when a joint tenant dies, that owner's rights in the property automatically transfer in equal parts to the remaining owners. So, if there are three joint tenants, they all have a one-third, equal interest in the property.
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.
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.
(Revised: 01/2021) Probate Code section 13100 provides for the collection or transfer of a decedent's personal property without the administration of the estate or probate of the will.
This form is used to allow the Executor(s)/Next of Kin to legally transfer shares from a person who has passed away into their name(s) and provides information in regards to how the shares can be sold.
Probate is required if: the estate includes real property (land, house, condominium, mineral rights) of any value, and/or. the estate has assets (other than land, and not including cars) whose net worth is more than $100,000.
