Detailed Answer
In Utah, there is no traditional heirship affidavit for real property. Instead, Utah’s Uniform Probate Code provides a streamlined affidavit process for small intestate estates. You can use:
- Personal Property Affidavit under Utah Code § 75-3-1004 if the decedent’s personal property does not exceed $15,000 (exclusive of liens).
- Real Property Affidavit under Utah Code § 75-3-1005 if the value of decedent’s real property subject to intestate succession does not exceed $100,000.
1. Confirm Eligibility
Ensure no probate proceeding is pending and that estate assets fall within the statutory limits. See Utah Code § 75-3-1002.
2. Gather Information
- Decedent’s full legal name and date of death.
- Legal description of the property and approximate value.
- List of heirs and relationship to decedent.
3. Draft the Affidavit
The affidavit must include:
- A statement of eligibility under the correct Utah Code section.
- Heirship facts: lineage, residence, and absence of a will.
- A sworn oath before a notary public.
4. Notarize and Record
Sign the affidavit before a notary public. File it in the county recorder’s office where the property is located. Recording requirements vary by county.
5. Provide Notice
Send a copy of the recorded affidavit to all heirs. Retain proof of service for your records.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your situation.
Helpful Hints
- Double-check property values to meet statutory thresholds.
- Use official forms or templates from the Utah State Courts website.
- Contact the county recorder for recording fees and requirements.
- Verify that no probate has been opened by searching online court dockets.
- Keep copies of all filed documents and correspondence.