FastCounsel

1. First priorities — secure the home and preserve evidence

When someone dies, the house and its contents often are part of the estate. Your first goal is to stop loss and preserve value without taking actions that could be later challenged. Reasonable, limited steps you can take immediately include:

• Lock doors and windows; post a dated note on the main entrance identifying who is caring for the property and how to contact you.
• Take photos and short video walkthroughs of every room, closets, safes, and vehicles showing current condition and location of high-value items. Keep timestamps or metadata.
• Make an itemized list of obvious valuables (jewelry, cash, collections, electronics, firearms, and vehicles) and note serial numbers if visible.
• If safe and lawful to do so, gather easily removed high-value portable items (small jewelry, cash, passports) and place them in a secure place you control (safe deposit box or your locked home). Immediately document the removal with photographs and an inventory, and record witnesses when possible.
• Preserve mail, bank statements, and keys. Do not open accounts or move large assets unless you have legal authority.

Why document? Photographs, videos, dated notes, witness names, and contemporaneous emails or text messages create a record that protects you and the estate if siblings later claim items were removed improperly.

2. Do not sell or permanently dispose of estate property

Until someone is legally appointed to administer the estate, avoid selling, giving away, or destroying estate property. Even with good intentions, disposing of assets can create liability and give other relatives grounds to sue or report theft. If you must move a few small items for safekeeping, document everything and notify the court and heirs promptly.

3. Open probate quickly and seek interim protection

The most effective legal protection is to open probate and obtain authority from the court. In Utah, probate procedure and the duties of a personal representative are governed by the Utah Probate Code (Title 75). You can:

• File a petition to open an estate and request appointment as personal representative (often called an administrator if there is no will). Instructions and forms are available from the Utah Courts: Utah Courts — How to handle probate and Probate forms.
• When you file, ask the probate judge for temporary, emergency, or interim relief to protect the estate. Common requests include a temporary or special personal representative who has authority to take possession of and protect the property until the court enters final appointments.

Utah’s probate statutes give the court authority to appoint representatives and to take measures needed to preserve estate property. See the Utah Probate Code (Title 75) for statutory authority: Utah Code Title 75 — Probate and the Administration chapter: Title 75, Chapter 3 — Administration of Decedent’s Estate.

4. If siblings remove or threaten to remove property — immediate responses

If another person is removing items right now:

• Call local law enforcement and ask for a response for suspected theft from a dwelling or removal of property from an estate. Provide the police with the documentation you created (photos, lists, witness statements).
• File a written complaint with the probate court explaining the facts and asking for immediate relief (temporary possession, injunction, or appointment of a temporary personal representative). The court can sometimes act quickly to stop further removals.
• Preserve any communications (texts, emails) showing threats or admissions of removal.

Law enforcement can help if a clear theft is occurring. If the situation is a family dispute over ownership, the probate court is the proper forum to decide rightful possession and to issue orders preventing removal.

5. Duties once appointed — inventory and accounting

Once a personal representative (administrator) is appointed, Utah law requires certain duties to preserve and account for estate property. Typical steps you will be required to take include:

• Take possession and control of estate assets.
• Prepare and file an inventory of estate property with the court and notify heirs and beneficiaries as required by the probate rules.
• Safeguard assets, obtain appraisals when needed, and maintain appropriate insurance.
• Provide notices to creditors and follow statutory procedures for claims and distributions.

For statutory details about the duties and procedures for personal representatives, consult the Utah Probate Code: Title 75, Chapter 3 — Administration. The Utah Courts website also explains practical steps and required forms: Probate resources.

6. Practical communication steps with siblings and heirs

Transparent and documented communication reduces disputes:

• Send a polite, written notice (email or certified mail) to all known heirs and potential beneficiaries saying the estate is being protected and that you have opened (or will open) probate. Attach the inventory photos and list if you already documented property.
• Ask siblings to refrain from removing items while the probate process runs. Offer to inventory requested personal items and, where appropriate, permit supervised retrieval with witnesses.
• Consider neutral third-party storage or a bonded moving company for high-value items if family cooperation is limited.

7. When to get a lawyer

Talk to a Utah probate attorney if any of these apply:

• Immediate or threatened removal of valuables by siblings.
• Complex estate assets (real estate, business interests, multiple bank accounts).
• Disagreements among heirs about who should be personal representative.
• Unclear or contested ownership of property.

An attorney can file the proper petition quickly, request interim relief, and advise whether a temporary or special administrator is appropriate.