Free Utah Affidavit of Death

In Utah, a surviving joint owner records the “Affidavit disclosing the termination of an interest upon death”; a transfer on death deed beneficiary records the “Affidavit following the death of the transferor, in substantially the form found in Section 57-1-5.1”.

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Who may sign in Utah: An affiant of legal age, sworn; Utah Code § 57-1-5.1 states no other qualification and does not limit the affiant to the surviving owner.

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Joint ownership with right of survivorshipTransfer on death deed

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The “Affidavit disclosing the termination of an interest upon death”: In Utah a joint tenant's interest ends at death. An affidavit in the statute's form may be recorded to disclose it, citing the ended interest, the legal description and the deed's entry, book and page, with a copy of the death certificate attached. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: An affiant of legal age, sworn; Utah Code § 57-1-5.1 states no other qualification and does not limit the affiant to the surviving owner. The affidavit is sworn before a notary public, who completes the jurat.

It states: a citation of the terminated interest being disclosed; the legal description of the real property affected; the entry number and the book and page of the instrument that created the terminated interest; a statement that the decedent in the attached death certificate is the same person named as a party in the recorded document. Attached when recorded: death certificate (a copy of the death certificate or other document issued by a government agency as described in Section 75-1-107).

Recording is not a condition of the transfer: title passed at the death under the instrument. Filed with it: New application for assessment under the Farmland Assessment Act or the Urban Farming Assessment Act.

The “Affidavit following the death of the transferor, in substantially the form found in Section 57-1-5.1”: In Utah the property passes to the designated beneficiaries at the owner's death. An affidavit in the form of Utah Code § 57-1-5.1 is then recorded, with the legal description, the deed's entry, book and page, and a copy of the death certificate attached. Who signs: An affiant of legal age, sworn; Utah Code § 75-6-413(5) does not name who swears or records the affidavit, and the form it adopts states no other qualification. The document is prepared on that basis as well.

The Affidavit of Death in Utah

When a joint owner dies in Utah, the land records still show the deceased owner. What a surviving joint owner records: the “Affidavit disclosing the termination of an interest upon death”. What it does: In Utah a joint tenant's interest ends at death. An affidavit in the statute's form may be recorded to disclose it, citing the ended interest, the legal description and the deed's entry, book and page, with a copy of the death certificate attached. It goes to the county recording office.

What the statute has it state: a citation of the terminated interest being disclosed; the legal description of the real property affected; the entry number and the book and page of the instrument that created the terminated interest, and 1 more.

Attached when recorded: death certificate (a copy of the death certificate or other document issued by a government agency as described in Section 75-1-107).

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record. Filed with it: New application for assessment under the Farmland Assessment Act or the Urban Farming Assessment Act.

A transfer on death deed beneficiary records the “Affidavit following the death of the transferor, in substantially the form found in Section 57-1-5.1”: In Utah the property passes to the designated beneficiaries at the owner's death. An affidavit in the form of Utah Code § 57-1-5.1 is then recorded, with the legal description, the deed's entry, book and page, and a copy of the death certificate attached. The document is prepared on that basis as well.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Utah statutes and official state code. How we research.

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The Affidavit of Death in Utah

Attached when recorded: death certificate (a copy of the death certificate or other document issued by a government agency as described in Section 75-1-107).

Free Utah Affidavit of Death

Your Information

Is this your situation?

Loss of a Spouse

Death of a Parent

Named as Executor

Forms for Settling an Estate in Utah

IRS Form 56

Digital Assets Recovery Letter

Notice to Creditors

Small Estate Affidavit

Estate Inventory

Estate Closing

IRS Form 1310

Letter of Instruction

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Free Utah Affidavit of Death

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