Terms Used In Utah Code > Title 78B > Chapter 6 > Part 12a - Uniform Partition of Heirs' Property Act

• Appraisal: A determination of property value.
• Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Utah Code 78B-6-1270
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Utah Code 78B-6-1270
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Utah Code 78B-6-1270
• Determination of value: means a court order:
       (4)(a) determining the fair market value of heirs' property under Section 78B-6-1274 or 78B-6-1278; or
       (4)(b) adopting the valuation of the property agreed to by all the cotenants. See Utah Code 78B-6-1270
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Intestate: Dying without leaving a will.
• Partition by sale: means a court-ordered sale of the entire heirs' property, whether by an auction, sealed bids, or an open-market sale conducted under Section 78B-6-1278. See Utah Code 78B-6-1270
• Partition in kind: means the division of heirs' property into physically distinct and separately titled parcels. See Utah Code 78B-6-1270
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-6-1270
• Relative: means an ascendant, a descendant, a collateral, or an individual otherwise related to another individual by blood, marriage, adoption, or a law of this state other than this part. See Utah Code 78B-6-1270
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent