Getting Probate Court Permission to Sell Real Property in Utah When the Clerk’s Office Won’t Explain Filing Requirements

Quick answer: In Utah you generally need authority from the probate court or from your appointment as the personal representative (executor/administrator) to sell a decedent’s real property. If the clerk’s office won’t explain filing requirements, use Utah Courts’ published probate instructions and forms, review the Utah probate statutes (Title 75), and file a verified petition (with required attachments) asking the court to authorize the sale — or confirm that independent administration in the will grants you sale authority. If you are unsure, get brief help from a probate attorney or the court’s self-help resources so you file the correct petition and notice documents.

Detailed Answer — step-by-step under Utah law

This answer explains how to obtain court permission to sell a decedent’s real property in Utah when the clerk’s office won’t provide filing guidance. It assumes no legal background.

1. Identify who has authority to act for the estate

– Check for a will. The will may name a personal representative (PR) and may give the PR authority to sell real estate without court confirmation. If a PR has already been appointed by the court, the PR usually acts on behalf of the estate. If nobody is appointed yet, you typically must start probate to obtain letters of appointment.

– If no will and no PR is appointed, an interested person (heir, beneficiary, or creditor) can petition the probate court to open administration and request appointment of a PR.

2. Learn whether independent administration applies

Some wills or state rules allow the PR to administer the estate without seeking court approval for each transaction (independent administration). If the will expressly grants independent administration or the court has authorized it, you may be able to sell property without a separate court order. If independent administration is not in place, you generally must ask the court for permission to sell real estate.

3. Use Utah Courts’ online resources and the Utah probate code

– Review Utah Courts how-to probate pages and available sample forms: https://www.utcourts.gov/howto/probate/

– Review the Utah Uniform Probate Code (Title 75 of the Utah Code) for governing provisions: https://le.utah.gov/xcode/Title75/75.html

– Review court rules for probate procedure: https://www.utcourts.gov/resources/rules/

4. Prepare the petition to authorize sale (what you will likely need to file)

When the court must authorize a sale, prepare a verified petition (or motion) asking the probate court to authorize sale of the described real property. Typical attachments and items to include:

• Certified copy of the decedent’s death certificate.
• Copy of the will (if any) and any letters testamentary/letters of administration already issued by the court.
• Legal description and address of the property to be sold.
• Current appraisal or a broker’s market analysis to show reasonable value.
• Proposed purchase agreement (if you have a buyer) OR proposed method of sale (public auction, sealed bids, listing through broker).
• Proposed order for the judge to sign granting authority to sell and describing any conditions (e.g., sale subject to confirmation, minimum bid, secured liens to be paid).
• Proof of notice given to interested persons and creditors per statute/court rule (often a mailed notice and/or published notice if required).

5. Provide required notice

The court will expect notice to heirs, beneficiaries, and creditors before approving a sale. The probate rules and Title 75 set notice requirements. If notice is not given correctly, the court may continue the matter. Use the court’s form instructions for who must be served and how. (See Utah Courts how-to probate pages: https://www.utcourts.gov/howto/probate/ and the Utah Code Title 75: https://le.utah.gov/xcode/Title75/75.html.)

6. File the petition and proposed order with the probate court

File the verified petition (or motion), attachments, and a proposed order authorizing sale with the probate court clerk. If the clerk won’t explain filing requirements, take these steps:

• Ask for the court’s self-help or intake staff — many Utah courts have a self-help desk for probate questions and can point you to the correct forms and filing fees: https://www.utcourts.gov/howto/probate/.
• Check the court’s local website for probate forms and local rules (some counties post checklists).
• File using the state’s e-filing system if available in your county, following the how-to forms guidance.
• If you still get no guidance, file a basic verified petition asking for appointment (if needed) and for an order authorizing sale, attaching the documents listed above and asking the judge for specific relief. The judge will either grant the petition, set a hearing, or provide instructions by order.

7. Attend the hearing (if scheduled) and obtain the signed order

The judge may hold a hearing to confirm facts, ensure notice was adequate, and evaluate the proposed sale. If the judge signs an order authorizing the sale, keep a certified copy of that order and record any required documents at the county recorder’s office at closing. The order will usually specify how proceeds are to be handled and whether sale proceeds must be held in the estate account.

8. Closing the sale and handling proceeds

At closing the buyer typically wants to see the court order authorizing sale and an authorized deed executed by the PR. The PR signs the deed in their representative capacity and records required documents. Follow the court’s instructions for paying liens, mortgage payoff, taxes, and distributing net proceeds per the will or statute.

9. Shortcuts in limited situations

– Small estate procedures: If the estate qualifies as a small estate under Utah law (statutory thresholds apply), you may be able to transfer certain property without full probate — check Utah Courts’ small estate guidance and Title 75 for details: https://www.utcourts.gov/howto/probate/ and https://le.utah.gov/xcode/Title75/75.html.

– Consent of all heirs: If all heirs and creditors consent in writing, the court may be willing to sign a simple order approving the sale without a contested hearing.

10. When the clerk won’t (or can’t) explain filing requirements

• Polite persistence: Ask to speak to the probate intake person or self-help staff instead of a records clerk.
• Use the Utah Courts how-to pages and sample forms: https://www.utcourts.gov/howto/probate/.
• Consult the Utah Code (Title 75) for controlling law: https://le.utah.gov/xcode/Title75/75.html.
• Hire a probate attorney for limited-scope help (draft and file the petition and proposed order). A single attorney consultation can save time and mistakes.
• File the best-complete petition you can with attachments; the judge will decide — courts prefer substance over procedural perfection if you have provided required notice and evidence.

Statutes and rules to consult

• Utah Code, Title 75 (Uniform Probate Code): https://le.utah.gov/xcode/Title75/75.html
• Utah Courts — Probate how-to pages and forms: https://www.utcourts.gov/howto/probate/
• Utah Courts — rules and local procedures: https://www.utcourts.gov/resources/rules/

Important: This is a general roadmap. Exact document names, notice periods, hearing requirements, and forms vary by county and by whether the estate is being administered formally or informally.

Helpful Hints

• Start by locating any will and checking whether it authorizes the PR to sell property without court approval.
• Use the Utah Courts how-to probate pages and sample forms — they are written for nonlawyers and contain checklists: https://www.utcourts.gov/howto/probate/.
• Gather these documents before filing: death certificate, will, title deed, mortgage statements, appraisal, proposed purchase agreement, proposed order.
• When the clerk won’t explain, ask for the court’s self-help or intake unit — they can point to forms and filing procedures even if they can’t give legal advice.
• If a buyer wants to close quickly, explain the need for a court order and provide a timeline estimate; consider asking the court for an expedited hearing if there is a compelling reason.
• Consider a limited-scope attorney engagement: pay for drafting the petition and order only. This often costs much less than full representation and avoids filing errors that delay sale.
• Keep careful records of notices, mailings, and steps taken — the judge will want to see evidence of proper notice and valuation of the property.
• Be prepared for liens and mortgages: these must be paid at closing or otherwise resolved; disclose them in the petition and proposed order.

How to get more help: Use the Utah Courts self-help information (https://www.utcourts.gov/howto/probate/) or contact a local probate attorney for limited assistance drafting and filing the petition and proposed order. If you want to try on your own, file a verified petition with the judge asking for appointment (if necessary) and authority to sell, attaching the documents listed above.

Disclaimer: This article explains general Utah law and procedure and is for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Utah attorney.