Utah Affidavit of Surviving Joint Tenant

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Transferring Title with the Utah Affidavit of Survivorship

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.

Under 57-1-5.1, the affidavit must contain specific information: it must cite the interest being terminated; contain a legal description of the property; refer to the recording information of the deed creating the interest; include an official copy of the deceased owner's death certificate; and be recorded in the recorder's office for the county where the property is located.

This document is important because it helps to maintain a clear chain of title (ownership history) for the property, which should, in turn, help to simplify future transactions. Each circumstance is unique, so contact an attorney with specific questions or for complex situations.

(Utah AOSJT Package includes form, guidelines, and completed example)

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