Detailed Answer

Short answer: As the personal representative (executor) in Utah, you must first confirm you have authority to sell real property (either by the will or by the probate court), open probate if required, inventory and appraise estate assets, notify creditors and interested parties, obtain any required court approval, market and sell the property, use the sale proceeds to pay valid debts and expenses, and finally account to the court and beneficiaries. Follow each step carefully and keep records; mistakes can create personal liability.

1. Confirm your authority to sell the property

Utah law gives a personal representative certain powers to manage and dispose of estate property. If the will specifically authorizes a sale, follow the will’s instructions. If not, the personal representative’s powers often arise from statute and from orders issued by the probate court. See Utah Code (Title 75) for the statutory framework: Utah Code – Title 75 (Probate). Also review basic probate procedures on the Utah Courts site: Utah Courts — Probate How‑To.

2. Open probate (if not already opened)

If the estate is not already being administered, you usually must file a petition with the district probate court in the county where the decedent lived to be appointed personal representative. The court’s appointment and letters testamentary (or letters of administration) provide formal authority to act, including selling estate property when appropriate.

3. Inventory, appraisal, and identification of liens

Prepare an inventory of estate assets and obtain a current appraisal or market value estimate for the real property. Check public records and title work for mortgages, tax liens, judgments, mechanic’s liens, or other encumbrances. You will generally need to pay valid liens from sale proceeds or obtain lien releases at closing.

4. Provide notice to creditors and satisfy procedural notice requirements

Utah probate requires following notice rules for creditors and interested parties. You must publish or mail notice as required by the court or statute and allow the creditor claim period to run or be resolved. Creditors who timely file valid claims must be paid from estate assets; selling property to raise cash to pay debts is only appropriate after giving required notices and resolving claims.

5. Decide whether court approval is required

Whether you need prior court approval for a sale depends on factors such as the will’s language, the value of the property, whether the sale is at arm’s length, and whether beneficiaries consent. Some routine sales may be within your statutory authority, while other sales—especially sales of significant assets, sales to insiders, or out‑of‑state real estate—may require a court order approving the sale and terms. If beneficiaries object or if the estate lacks sufficient funds to pay creditors, the court may require a hearing and sale order.

6. Prepare and market the property

Once you have authority, market the property as a personal representative: hire a real estate agent experienced with probate sales if helpful, disclose that the seller is an estate, obtain inspections and disclosures as required by Utah real estate law, and collect written offers. Keep objective records of offers and marketing efforts to demonstrate you acted reasonably and in the estate’s best interest.

7. Accept an offer and complete the sale

When you accept an offer, follow normal closing procedures. Ensure title work is clear or that liens will be satisfied from sale proceeds. If a court order authorizing the sale is required, obtain the order before closing. Use estate bank accounts or escrow to hold proceeds and pay lien holders, taxes, commissions, and probate expenses at closing or immediately afterward.

8. Pay debts, expenses, taxes and distribute remaining proceeds

Under Utah probate procedure you must pay valid creditor claims, funeral expenses, administration costs, and taxes in the priority set by law before distributing assets to beneficiaries. Keep detailed accounting records. If the estate still cannot pay all debts, you must follow statutory priority rules and may need to seek instructions from the probate court.

9. Provide accounting and final steps

Prepare and file the required accountings with the court (or provide them to beneficiaries if the court requires), obtain court approval of distributions if necessary, and properly transfer title (record deeds) to purchasers or to beneficiaries. Keep copies of closing statements, receipts, and court filings permanently.

Key Utah references and resources

• Utah Code — Title 75: general probate statutory framework: https://le.utah.gov/xcode/Title75/75.html
• Utah Courts — probate how‑to and forms: https://www.utcourts.gov/howto/probate/

When to consult a lawyer

Consult an attorney if the sale is complex (e.g., questions about homestead or family allowances, creditor disputes, title defects, related‑party sales, tax issues, or if beneficiaries object). A lawyer can file motions, obtain court orders, and reduce your personal liability as personal representative.

Disclaimer: This article is educational only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Utah attorney.

Helpful Hints

• Get the court appointment (letters testamentary) before taking significant action—this formal authority protects you.
• Order a title report early to uncover liens, easements, or ownership problems.
• Document every decision: marketing steps, offers considered, why you accepted or rejected offers.
• Keep estate funds separate—do not mix estate and personal money.
• Notify creditors properly and track the claim deadline in writing to avoid later challenges.
• Consider obtaining a court order approving the sale if any party might object; an approved sale reduces the risk of personal liability later.
• Work with a real estate agent who understands probate sales and local market conditions.
• Pay attention to tax consequences (estate tax, capital gains at sale, and transfer taxes) and consult a tax professional if necessary.
• When in doubt, ask the probate court clerk for local procedures and deadlines, but rely on an attorney for legal interpretation.