Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 291 (2022GS)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to the termination of an interest in real estate, including the disclosing of a termination of interest upon the death of a tenant; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

REAL ESTATE INTEREST TERMINATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
 Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions related to the termination of an interest in real estate.
Highlighted Provisions:
This bill:
▸ amends provisions related to the termination of an interest in real estate, including
the disclosing of a termination of interest upon the death of a tenant; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-1-5.1
, as last amended by Laws of Utah 2010, Chapter 381
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-1-5.1
 is amended to read:
57-1-5.1.
Termination of an interest in real estate -- Affidavit.
(1) 
(a)
 Joint tenancy, tenancy by the entirety, 
or
 life estate[
, or
] 
interest in real estate
terminates upon the death of a tenant holding the interest.
(b) The termination of an interest upon death as described in Subsection (1)(a) may be
disclosed by an affidavit that:
(i) cites the terminated interest that is being disclosed;
(ii) contains a legal description of the real property that is affected;
(iii) references the entry number and the book and page of the instrument creating the
terminated interest;
(iv) has attached as an exhibit, a copy of the death certificate or other document issued
by a government agency as described in Section 
75-1-107
; and
(v) is recorded in the office of the recorder of the county in which the affected property
is located.
(2) A
 determinable or conditional interest in real estate may be terminated by an
affidavit that:
[
(a) meets the requirements of Subsection (2); and
]
(a) cites the interest that is being terminated;
(b) contains a legal description of the real property that is affected;
(c) references the entry number and the book and page of the instrument creating the
interest to be terminated; and
[
(b)
] 
(d)
 is recorded in the office of the recorder of the county in which the affected
property is located.
[
(2) Each affidavit required by Subsection (1) shall:
]
[
(a) cite the interest that is being terminated;
]
[
(b) contain a legal description of the real property that is affected;
]
[
(c) reference the entry number and the book and page of the instrument creating the
interest to be terminated; and
]
[
(d) if the termination is the result of a death, have attached as an exhibit, a copy of the
death certificate or other document issued by a governmental agency as described in Section
75-1-107
 certifying the death.
]
(3) [
The
] 
An
 affidavit [
required by Subsection (1)
] 
described under this section
 may be
in substantially the following form:
"Affidavit
State of Utah )
) ss
County of ___________)
I, (name of affiant), being of legal age and being first duly sworn, depose and state as
follows:
(The name of the deceased person), the decedent in the attached certificate of death or
other document witnessing death is the same person as (the name of the deceased person)
named as a party in the document dated (date of document) as entry _______ in book _______,
page _______ in the records of the (name of county) County Recorder.
This affidavit is given to terminate 
of record
 the decedent's interest in the following
described property located in ___________________ County, State of Utah: (description of the
property).
Dated this ______ day of ___________________, ________.
_____________________________________
(Signature of affiant)
Subscribed to and sworn before me this _______ day of ______________, _________.
_____________________________________
Notary public"
.