Utah Affidavit of Survivorship
What is this form?
An affidavit of survivorship is a legal document that serves as a sworn statement from the surviving joint tenant of a property. It informs the government that one of the joint tenants has passed away and that the survivor is claiming full ownership of the property by law. This form is crucial in transferring property rights without the need for probate, distinguishing it from other legal documents related to estate management.
Key components of this form
- The name of the surviving joint tenant and the deceased joint tenant.
- A certified copy of the death certificate is required, which must be attached to the affidavit.
- Details of the joint tenancy property, including its legal description, entry number, book, and page number.
- The signature of the surviving tenant confirming the statement.
- Notary acknowledgment to validate the affidavit.
Common use cases
You should use the affidavit of survivorship when you are the surviving joint tenant of a property and need to establish your sole ownership after the death of a co-tenant. This form is particularly useful in real estate transactions and ensuring the property records reflect the change in ownership without undergoing a lengthy probate process.
Who this form is for
- Individuals who are joint tenants of a property.
- Surviving joint tenants seeking to establish ownership after the death of a co-tenant.
- Those needing to update property records with local government entities.
Completing this form step by step
- Identify the names of both the surviving tenant and the deceased tenant.
- Attach a certified copy of the death certificate.
- Specify the details of the property, including its legal description and parcel number.
- Sign and date the affidavit as the surviving tenant.
- Have the affidavit notarized to confirm its validity.
Is notarization required?
Yes, this form must be notarized to be legally valid. Notarization ensures that the identities of the parties are verified and adds a layer of authenticity to the document. US Legal Forms offers integrated online notarization services, available 24/7 through secure video calls, making the process easier and more accessible without needing to travel.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to attach the certified copy of the death certificate.
- Not providing complete property details, such as legal description and parcel number.
- Neglecting to have the affidavit notarized, which is essential for its legal acceptance.
- Using incorrect names or information that does not match official records.
Benefits of completing this form online
- Convenience: Downloadable templates can save time compared to drafting forms from scratch.
- Editability: Users can fill out the form digitally, ensuring clarity and accuracy.
- Reliability: Forms are created by licensed attorneys, providing legal assurance.
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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.
