A Utah Affidavit of Survivorship is a legal document used to transfer ownership of property from one person to another upon the death of the original owner. The affidavit is filed with the county recorder's office and must be signed by all parties involved in the transfer of ownership. There are two types of Utah Affidavit of Survivorship: an Affidavit of Survivorship for Joint Tenancy and an Affidavit of Survivorship for Community Property. The Affidavit of Survivorship for Joint Tenancy is used when the original owner of the property is survived by two or more persons who held the property jointly. The Affidavit of Survivorship for Community Property is used when the original owner of the property is survived by a spouse or domestic partner who held the property as community property. Both forms of affidavits are typically used in the event of the death of an original owner of property to transfer ownership to the surviving parties.
Utah Affidavit of Survivorship
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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.
