Short answer — What you generally must do

Before selling a deceased parent’s home in Utah, the estate’s personal representative (sometimes called an executor or administrator) must identify and notify creditors, give required public notice, allow time for valid claims to be presented, pay or dispute legitimate claims from estate funds, and obtain court approval if the sale occurs during probate. If you skip these steps, unpaid creditor claims can create title problems or personal liability for the estate representative.

Step-by-step process (plain-language, actionable steps)

1. Determine whether the property is in probate or can avoid probate.

   If the home passes directly to a surviving joint owner, via a living trust, or by beneficiary designation, it may not be part of probate. If the home is part of the probate estate, you must follow Utah probate procedures before or during sale. See the Utah Probate Code for estate-process rules: Utah Code, Title 75 (Probate).

2. Identify the personal representative and locate the will (if any).

   The personal representative is the person authorized to manage estate affairs. If you are designated in the will, you will likely petition the court for appointment. If there is no will, the court appoints an administrator under Utah law.

3. Open probate (if required) and get letters testamentary or letters of administration.

   The court issues official documents that give the representative authority to settle debts, sell estate assets, and distribute proceeds. Many title companies and buyers will require these letters before closing a sale.

4. Give notice to creditors — both known and unknown.

   Utah law requires that the estate notify known creditors directly (by mail) and publish a notice to unknown creditors in a local newspaper. The goal is to establish a deadline after which claims that are not presented may be barred. Check the Utah Courts information on creditors and probate notices: Utah Courts — Estates & Probate.

5. Allow the statutory period for filing claims to expire or resolve claims sooner.

   Creditors must present timely, valid claims against the estate during the statutory claim period. The personal representative should review each claim, allow reasonable proof, and either pay valid claims from estate funds or formally deny or dispute invalid claims. Keep records of all notices, claims, and communications.

6. Pay valid claims from estate assets before distributing funds or selling (unless the court authorizes otherwise).

   Estate administration generally requires paying funeral expenses, taxes, and creditor claims out of estate assets before distributing net proceeds to heirs. If you intend to sell the house during probate, the court may require that sale proceeds be held in escrow until claims are resolved or that creditors be paid from the proceeds.

7. If necessary, ask the court for permission to sell the house.

   Sometimes the personal representative needs a court order to sell estate real property — especially when the will is contested, when co-heirs disagree, or when proceeds must be protected while claims are pending. A court-approved sale reduces the risk of post-closing disputes and clouded title.

8. Clear title before closing — obtain title search and title insurance.

   Run a title search to identify liens, mortgages, or tax judgments. Junior liens generally must be paid from sale proceeds. A title company can issue title insurance if liens are cleared or appropriately handled at closing.

9. Consider escrow holds or indemnity to protect against late claims.

   If some claims are disputed or if you cannot wait the entire claim period, you can ask the buyer to accept a portion of the proceeds held in escrow to cover potential claims, or obtain a bond or indemnity. Consult your attorney and the title company to structure safe closing terms.

10. Close the sale and distribute net proceeds under court supervision (if applicable).

    After claims are resolved or properly reserved for, the estate can pay remaining creditors, attorneys, taxes, and then distribute net proceeds to beneficiaries according to the will or intestate succession rules.

Example hypothetical to illustrate

Suppose your parent died owning the home outright and left no will. You petition the Utah probate court to be appointed administrator. You publish a notice to creditors and notify a known medical provider. A couple of creditors submit claims within the allowed period. You review and approve one claim, dispute another with documentation, and the court denies the disputed claim. You obtain a court order authorizing sale of the home, clear the valid lien at closing, and place disputed-claim funds in escrow until final resolution. After the statutory period passes with no additional valid claims, you distribute the proceeds to heirs.

Key Utah statutes and resources (where to read the law)

• Utah Probate Code (general authority and procedures): Utah Code — Title 75.
• Utah Courts — Practical how-to pages for estates and probate (creditors, small estates, appointments): Utah Courts — Estates & Probate.

Note: specific section numbers cover claim presentation, notice requirements, and personal representative powers. If you need section-by-section language, search Title 75 at the Utah Legislature website above.

Helpful hints — practical tips for a smoother process

• Act promptly. Start probate or small-estate procedures quickly so notice periods and deadlines run early.
• Keep excellent records of notices, receipts, claims, and communications with creditors.
• Get a title search early. It reveals liens and judgments you must address before or at closing.
• Talk to a probate attorney before selling. They can advise whether court approval is required and how to protect yourself from later creditor claims.
• Consider using escrow to hold sale proceeds while waiting out claim periods or while disputes are resolved.
• Notify mortgage lenders and county tax authorities early. Mortgages and property taxes are priority claims that typically must be paid at closing.
• If the estate is small, explore Utah’s small-estate procedures or affidavits that can simplify transfer without full probate (Utah Courts website explains applicable thresholds and forms).