1     
REAL ESTATE INTEREST TERMINATION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the termination of an interest in real estate.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to the termination of an interest in real estate, including
13     the disclosing of a termination of interest upon the death of a tenant; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          57-1-5.1, as last amended by Laws of Utah 2010, Chapter 381
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 57-1-5.1 is amended to read:
25          57-1-5.1. Termination of an interest in real estate -- Affidavit.
26          (1) (a) Joint tenancy, tenancy by the entirety, or life estate[, or] interest in real estate
27     terminates upon the death of a tenant holding the interest.
28          (b) The termination of an interest upon death as described in Subsection (1)(a) may be
29     disclosed by an affidavit that:
30          (i) cites the terminated interest that is being disclosed;
31          (ii) contains a legal description of the real property that is affected;
32          (iii) references the entry number and the book and page of the instrument creating the
33     terminated interest;
34          (iv) has attached as an exhibit, a copy of the death certificate or other document issued
35     by a government agency as described in Section 75-1-107; and
36          (v) is recorded in the office of the recorder of the county in which the affected property
37     is located.
38          (2) A determinable or conditional interest in real estate may be terminated by an
39     affidavit that:
40          [(a) meets the requirements of Subsection (2); and]
41          (a) cites the interest that is being terminated;
42          (b) contains a legal description of the real property that is affected;
43          (c) references the entry number and the book and page of the instrument creating the
44     interest to be terminated; and
45          [(b)] (d) is recorded in the office of the recorder of the county in which the affected
46     property is located.
47          [(2) Each affidavit required by Subsection (1) shall:]
48          [(a) cite the interest that is being terminated;]
49          [(b) contain a legal description of the real property that is affected;]
50          [(c) reference the entry number and the book and page of the instrument creating the
51     interest to be terminated; and]
52          [(d) if the termination is the result of a death, have attached as an exhibit, a copy of the
53     death certificate or other document issued by a governmental agency as described in Section
54     75-1-107 certifying the death.]
55          (3) [The] An affidavit [required by Subsection (1)] described under this section may be
56     in substantially the following form:
57                                   "Affidavit
58     State of Utah )
59      ) ss
60     County of ___________)
61          I, (name of affiant), being of legal age and being first duly sworn, depose and state as
62     follows:
63          (The name of the deceased person), the decedent in the attached certificate of death or
64     other document witnessing death is the same person as (the name of the deceased person)
65     named as a party in the document dated (date of document) as entry _______ in book _______,
66     page _______ in the records of the (name of county) County Recorder.
67          This affidavit is given to terminate of record the decedent's interest in the following
68     described property located in ___________________ County, State of Utah: (description of the
69     property).
70          Dated this ______ day of ___________________, ________.
71                                   _____________________________________
72                                   (Signature of affiant)
73          Subscribed to and sworn before me this _______ day of ______________, _________.
74                                   _____________________________________
75                                   Notary public".