Free Utah Affidavit of Heirship Form

Utah Affidavit of Heirship Form – Key Details You Should Know

When a person passes away and has not signed a will, not all asset transfers need to go through full probate in Utah. The Utah Affidavit of Heirship Form gives an easy-to-use document that can be used by the heirs to claim property or even assets in a more effective manner, particularly in Salt Lake City, Provo, and Ogden.

What Is the Affidavit of Heirship Used for in Utah?

• This affidavit is an oath that shows the legal heir of a deceased person without a will. It is of special assistance with:

  • Establishing heirship of real property when probate is unnecessary or impractical.

  • Allowing title companies to recognise heirship so transfers or sales can proceed.

  • Filing in the county’s real property records to document heirship publicly.

  In Utah, this form is especially useful to bypass probate for real estate—but not all institutions will accept it without additional documentation.

How Is It Different from a Small Estate Affidavit?

• Utah also offers a simpler route for estates without real property:

  • Small Estate Affidavit is used when the paperwork by the deceased is less than 100,000 dollars, no real property is involved, at least 30 days have elapsed after the person died and no personal representative has been a party to the estate.

  • It enables heirs to directly take possession of personal property such as bank accounts, vehicles, or personal possessions directly out of institutions.

  Contrary to the small estate affidavit, the affidavit of heirship may be used to transfer real property, although it may run afoul of the title insurance companies.

Who Must Sign and What the Utah Affidavit Requires?

• • Affiants: The affiants typically are two non-interested parties (who do not stand to inherit) that have personal knowledge of the deceased and family ancestry and sign under oath.

  • Key Information Included:

    • Decedent’s full name, date of death, and last county of residence.

    • Names and relationships of heirs.

    • Confirmation that no will exists or that probate was not initiated.

    • Statement that the affiants neither benefit financially nor have debts related to the estate.

  Upon signing and filing in the proper county (such as Salt Lake County), the affidavit identifies or links heirship information to the property, allowing disposition by transferring the title.

Key Benefits and Important Cautions

• When to Consider This Affidavit

  • Simple, uncontested estates involving real property.

  • Cooperative heirs seeking a cost-effective and swift method to clear title.

• Potential Limitations

  • Title companies may still request further documentation or a full probate in some cases.

  • The affidavit cannot escape legal tussles and can be challenged.

Steps to Prepare and File the Affidavit in Utah

• 1. Get the necessary details about the decedent and heirs.

  2. Find two impartial witnesses that knew the decedent.

  3. Fill in the form specific to Utah and necessary information.

  4. Sign before a notary public.

  5. File it with the county real property records where the decedent owned property.

  6. Confirm the recording is accepted and noted in public records.

Questions You Might Have

Can this affidavit transfer property automatically?
No. It establishes heirship, but legal title transfer still requires subsequent deeds or instruments.

Can it be used for bank accounts or vehicles?
Not typically. Those often require a small estate affidavit instead, especially when no real property is involved.

Is this affidavit accepted everywhere in Utah?
Acceptance can vary—particularly with title insurers or complex estates. When in doubt, considering informal probate or legal guidance may be wise.

Accessing the Form

You could easily prepare and download the affidavit of heirship form of Utah here without any cost or expenses and similarly, tailor them to your requirements.