Disclaimer: This is general information and not legal advice. I am not a lawyer. For specific legal help about your situation, consult a qualified Utah attorney.
Detailed answer — How to re-record or update a joint survivorship deed in Utah
If one or more co-owners named on a recorded joint survivorship deed have died, the deed’s effect and the steps you must take depend on (1) the exact wording on the recorded deed, (2) who remains alive, and (3) whether creditors, mortgages, or disputes exist. Below are clear, step-by-step actions commonly required in Utah.
1. Get a certified copy of the recorded deed
Start by obtaining a certified copy of the deed from the county recorder where the property is recorded. The recorded deed’s language determines whether the ownership included a right of survivorship (property passes automatically to surviving joint tenant(s)) or whether the owners were tenants in common (each owner’s share passes under their will or by intestacy).
2. Confirm the form of ownership
Look for wording such as “joint tenants with right of survivorship” or similar language. If the deed contains a survivorship clause, Utah courts generally treat that as creating a right of survivorship that transfers title outside of probate to the surviving owner(s). For background on real property topics in Utah law, see Utah Code Title 57 (Real Property): https://le.utah.gov/xcode/Title57/57.html.
3. Obtain certified death certificates
Get certified copies of each deceased co-owner’s death certificate from the state or county vital records office. Most county recorders will accept a certified death certificate as proof of death when attaching an affidavit or filing documents to update the recorder’s index.
4. Use a recorded affidavit of death or survivorship (when available)
Many Utah counties allow a surviving joint tenant to record a short affidavit (often called an “Affidavit of Survivorship” or “Affidavit of Death of Joint Tenant”) attaching the certified death certificate(s). Recording such an affidavit creates an accessible public record showing the chain of title and often is sufficient to satisfy title companies, buyers, and county assessors. Contact the county recorder for the county-specific form and recording requirements.
5. File a new deed if you want to change the recorded vesting
Although a survivorship event may transfer legal title automatically, many surviving owners choose to record a new deed (for example, a new quitclaim or warranty deed that shows the surviving owner(s) as the current owner(s) only). A new deed clarifies the recorder’s index and can be useful when selling, refinancing, or updating title insurance. The new deed must be signed, notarized, and recorded in the county where the property is located.
6. Address mortgages, liens, and title insurance
Survivorship does not eliminate mortgages or liens encumbering the property. If a deceased co-owner’s mortgage or lien still exists, the surviving owner may be responsible for the debt and will need to work with the lender. Also consider ordering a title search and updating title insurance to confirm the title is clear.
7. If no survivorship clause exists, or all co-owners died, consider probate or a quiet title action
If the deed did not create a right of survivorship (for example, tenancy in common), the deceased owner’s share typically passes under their will or via intestate succession under Utah probate law. In that case you may need to open probate or use Utah’s applicable small-estate procedures to transfer title. For information on probate and intestate succession in Utah, see Utah Code Title 75 (Probate and Guardianship): https://le.utah.gov/xcode/Title75/75.html.
8. When disputes or unclear title exist
If co-owners disagree about the deed, or if it’s unclear whether survivorship applies, you may need a quiet title lawsuit to obtain a court order declaring ownership. A quiet title action resolves competing claims and clears the public record.
9. Update tax and assessor records
After recording an affidavit or new deed, notify the county assessor’s office so the property tax records reflect the new ownership. This avoids billing or assessment problems.
Typical timeline and fees
Getting certified death certificates usually takes days to weeks. Recording an affidavit or new deed typically takes a few days to a few weeks depending on county processing times and whether additional documentation is required. Expect county recording fees and small document-preparation costs — check your county recorder website for current fees.
Helpful hints
- Confirm the deed wording: The specific phrase “with right of survivorship” or similar language matters. If you cannot read the deed language, get help from the county recorder or an attorney.
- Contact your county recorder early: County rules and acceptable forms vary. Recorder staff can tell you whether an affidavit is accepted and what to include.
- Keep certified death certificates handy: Most recorders and title companies will require certified copies, not photocopies.
- Record an affidavit first for simplicity: If there is a clear surviving joint tenant, recording an affidavit of death is often enough and costs less than drafting and recording a new deed.
- Order a title search: If you plan to sell or refinance, a title company search will reveal liens or problems.
- Check for mortgages and liens: Survivorship does not cancel liens; resolve loans with lenders as necessary.
- If multiple owners died or ownership is unclear, be prepared for probate or a quiet title action: These can take months and may require legal representation.
- Consider legal help for disputes or complicated estates: An attorney can advise whether a recorded affidavit is adequate or a court action is advisable.
- Update the county assessor and homeowner policies: After title changes, update tax records and notify the homeowner’s insurance and title insurer.
Additional resources: start with your county recorder’s website for forms and fees, and consult Utah statutes on real property and probate at the Utah State Legislature site: Utah Code Title 57 — Real Property and Utah Code Title 75 — Probate and Guardianship.
If you want, provide the county where the property is located and whether the recorded deed says “survivorship” or “tenants in common,” and I can outline the county recorder contact and a checklist of exact documents you’ll likely need.