57-1-5.1 - Termination of an interest in real estate -- Affidavit.
57-1-5.1. Termination of an interest in real estate -- Affidavit.
(1) Joint tenancy, tenancy by the entirety, life estate, or determinable or conditionalinterest in real estate may be terminated by an affidavit that:
(a) meets the requirements of Subsection (2); and
(b) is recorded in the office of the recorder of the county in which the affected property islocated.
(2) Each affidavit required by Subsection (1) shall:
(a) cite the interest that is being terminated;
(b) contain a legal description of the real property that is affected;
(c) reference the entry number and the book and page of the instrument creating theinterest to be terminated; and
(d) if the termination is the result of a death, have attached as an exhibit, a copy of thedeath certificate or other document issued by a governmental agency as described in Section75-1-107 certifying the death.
(3) The affidavit required by Subsection (1) may be in substantially the following form:
"Affidavit
State of Utah )
) ss
County of ___________)
I, (name of affiant), being of legal age and being first duly sworn, depose and state asfollows:
(The name of the deceased person), the decedent in the attached certificate of death orother document witnessing death is the same person as (the name of the deceased person) namedas a party in the document dated (date of document) as entry _______ in book _______, page_______ in the records of the (name of county) County Recorder.
This affidavit is given to terminate the decedent's interest in the following describedproperty located in ___________________ County, State of Utah: (description of the property).
Dated this ______ day of ___________________, ________.
_____________________________________
(Signature of affiant)
Subscribed to and sworn before me this _______ day of ______________, _________.
_____________________________________
Notary public"
Amended by Chapter 381, 2010 General Session