Overview (short answer)

If a decedent’s home is sold during administration, the sale proceeds become estate property. The personal representative uses those proceeds first to pay valid debts, taxes, funeral costs, and administration expenses. Any remaining money generally becomes part of the estate and is distributed according to the decedent’s valid will (or according to Utah’s intestacy rules if there is no valid will), subject to certain statutory protections for spouses, minor children, and others.

Detailed answer — what typically happens under Utah law

When someone dies and their estate goes through probate in Utah, a personal representative (executor/administrator) collects the estate’s assets, pays legitimate claims, and distributes what remains. A home sold as part of that process follows the same pattern:

1. Who actually owned the house at death matters.

   If the home passed automatically outside probate (for example, because it was owned as joint tenants with right of survivorship, held in a revocable living trust, or had a valid transfer-on-death deed), the sale and the resulting cash may belong to the surviving co-owner or the trust beneficiary and not to the probate estate. If the decedent owned the home in their individual name, the proceeds are estate assets.

2. Sale proceeds pay debts and expenses first.

   The personal representative uses estate cash (including sale proceeds) to pay secured claims (mortgages), funeral expenses, administration costs, taxes, and valid creditor claims allowed in probate. Utah probate procedures require notification to creditors and allow time to file claims.

3. Statutory protections may reduce what is available to distribute under a will.

   Utah law provides certain priorities and protections for a surviving spouse, minor children, and exempt property (for example, homestead or a family allowance). Those protections can affect how much of the remaining estate the will-maker’s beneficiaries actually receive. Because these protections are statutory, the personal representative must apply them before paying beneficiaries under the will.

4. Leftover funds are distributed according to the will (if one exists).

   After paying valid debts, taxes, and any statutory allowances or exempt property distributions, the personal representative distributes the balance of the estate per the terms of the valid will. If the will leaves money or residuary assets to named beneficiaries, they receive the leftover funds. If there is no valid will, Utah’s intestacy rules govern distribution.

5. Special situations that change the result
   • If the spouse or minor children are entitled to a homestead allowance, family allowance, or exempt property, the available cash for distribution to other beneficiaries may shrink.
   • Claims by secured creditors (like a mortgage) are satisfied from sale proceeds ahead of distributions.
   • If someone alleges the will is invalid or there is fraud, distribution can be delayed while the dispute resolves.
   • If the house was sold privately by a surviving joint owner who never held title in the decedent’s name, proceeds may not be part of the probate estate.

For general Utah probate rules and statutes, see Utah Code Title 75 (Probate and Related Law) and the Utah Courts probate information pages for procedural detail and forms:

• Utah Code, Title 75 — Probate and Related Law (Utah Legislature)
• Utah Courts: Probate and Estate Administration (how-to and forms)

Common examples (hypotheticals to illustrate)

Example A — Sole ownership, valid will:

Dad owned the house in his name and left a will naming an executor and leaving his estate to his children. The executor sells the house, pays the mortgage and funeral costs, pays any creditor claims, and distributes the remaining cash per the will. Conclusion: the leftover money is distributed under the will.

Example B — Joint tenancy with spouse:

House title was in Mom and Dad jointly with right of survivorship. When Dad died, Mom became sole owner automatically. If she sells and pays off debts, the sale proceeds typically belong to Mom, not to Dad’s probate estate, so those funds are not distributed under Dad’s will.

Example C — Trust or transfer-on-death deed:

If the home was in a revocable trust, or a valid transfer-on-death deed named a beneficiary, the property (or proceeds from sale) usually goes outside probate and is not distributed under the will.

What you should do next (practical steps)

1. Ask for a copy of the death certificate, the will, and the probate paperwork (inventory, accounting) from the personal representative.
2. Check the deed and title history at the county recorder to confirm how the home was titled at death.
3. Ask the personal representative for a written accounting showing sale price, payoff of debts, costs, and remaining balance.
4. If you are a spouse or a beneficiary who believes you have statutory rights (homestead, family allowance, elective share), raise that with the personal representative and consider getting legal advice.
5. If you suspect wrongdoing, delay, or an incorrect distribution, contact a probate attorney promptly. Time limits apply for contesting claims or bringing lawsuits in probate.

Helpful Hints

• Confirm how the home was titled — that single fact often decides whether the sale proceeds enter probate.
• Keep written records. Request the executor’s accounting in writing if you’re a beneficiary or interested party.
• Understand the timeline. Creditors get a window to file claims; distributions usually wait until creditor claims and allowances are resolved.
• Watch for statutory protections for spouses and minor children — those can reduce amounts paid to will beneficiaries.
• Use Utah Courts resources and forms for basic filing and timetable information: Utah Courts Probate Guide.
• If the amount at stake is significant or there is a dispute, consult a licensed Utah probate attorney for advice and possible representation.