Step-by-Step Guide to Handling a Parent’s Estate in Utah

Short answer: Under Utah law, handling a parent’s estate generally means locating the will (if any), determining whether probate is required, opening an estate in district court if necessary, notifying heirs and creditors, inventorying and valuing assets, paying valid debts and taxes, and then distributing the remaining property. The Utah Code (Title 75) governs probate, and the Utah Courts website provides forms and practical guidance.

Disclaimer

This article is educational only and is not legal advice. For advice about your specific situation, consult a licensed Utah attorney.

Detailed answer — what to do, step by step

1. Get multiple certified copies of the death certificate

Obtain several certified death certificates from the local vital records office or funeral home. Banks, title companies, and government agencies typically require an original certified copy to release assets.

2. Find the will and other important papers

Search the decedent’s home, safe deposit boxes, email, and file cabinets for a will, beneficiary designations, deeds, life insurance policies, retirement account statements, and past tax returns. If you can’t find a will, ask family members, the decedent’s attorney, or the bank where a safe-deposit box was used.

3. Determine whether probate is required

Some assets pass outside probate (joint accounts, payable-on-death or transfer-on-death designations, certain small personal property procedures). Whether you must open a full probate case depends on the type and value of assets and how they’re titled. Utah law and the Utah Courts’ probate guides explain exceptions and simplified procedures.

See Utah’s probate statutes: Utah Code Title 75 (Probate) and Utah Courts information and forms: Utah Courts – Probate.

4. If there is a will: locate and follow it; if not, follow intestate rules

If the will names a personal representative (sometimes called an executor), that person usually petitions the district court in the county where your mother lived to be formally appointed. If there is no will, Utah’s intestacy rules determine who inherits; the court will appoint a personal representative (often a close family member).

5. Open a probate case (if required)

File a petition with the Utah district court in the county of the decedent’s residence to admit the will to probate (if there is one) and to appoint the personal representative. The court gives the representative authority to collect assets, pay debts, and administer the estate. The Utah Courts site has instructions and forms for opening probate: Probate forms and packets.

6. Secure and inventory assets

As personal representative (or custodian of the estate), secure property (real estate, vehicles, valuables) and collect records of bank accounts, investments, retirement accounts, and debts. Prepare an inventory and an approximate valuation of assets. The court will often require a formal inventory.

7. Provide required notices

Utah procedures typically require notice to heirs and beneficiaries and public notice to potential creditors. The personal representative must follow statutory notice requirements so creditors have an opportunity to present claims against the estate.

8. Pay debts, expenses, and taxes

Use estate funds to pay valid debts, funeral expenses, administration costs, and taxes (federal or state, if applicable). Keep detailed records and receipts. If an asset must be sold to pay debts, follow court procedures for sale.

9. Distribute remaining assets

After debts and expenses are paid and any required waiting periods have passed, distribute the estate according to the will or Utah’s intestacy rules if there is no will. Prepare a distribution plan and, if required by the court, a final accounting showing receipts, disbursements, and distributions.

10. Close the estate

File a petition for discharge and final accounting with the court so the personal representative can be formally released from duties. Once the court approves, remaining distribution is final and the estate is closed.

Situations where you may not need full probate

• Small estate procedures or affidavit collection for personal property (Utah provides simplified options in some circumstances).
• Assets held jointly with right of survivorship pass automatically to the co-owner.
• Assets with named beneficiaries (life insurance, IRAs, 401(k)s) pass directly to the named beneficiary outside probate.

Key Utah resources and statutes

• Utah Code — Title 75 (Probate and related fiduciary law): https://le.utah.gov/xcode/Title75/75.html
• Utah Courts — General probate information and how-to guides: https://www.utcourts.gov/howto/probate/
• Utah Courts — Probate forms and packets: https://www.utcourts.gov/howto/probate/forms/

Helpful Hints

• Gather documentation early: death certificate, will, account statements, deeds, titles, insurance policies.
• Make multiple certified copies of the death certificate — banks and agencies often require them.
• Check beneficiary designations and account titling before opening probate; many assets pass outside probate.
• Secure real property and valuables promptly to avoid loss or disputes.
• Keep complete, organized records of all estate transactions and receipts — you will need them for the court and heirs.
• Communicate clearly with heirs and beneficiaries to reduce confusion and conflict.
• Consider consulting a Utah probate attorney if the estate is complex, includes out-of-state property, involves tax issues, or if heirs contest the will.
• Use the Utah Courts’ step-by-step packets and forms as a starting point if you plan to handle probate yourself: Probate forms.
• Remember there may be federal tax obligations for very large estates; consult a tax advisor if the estate’s value approaches federal filing thresholds.

When to get professional help

Contact a licensed Utah attorney if you face any of the following: a contested will, unknown or disputed heirs, complicated assets (business interests, multiple properties in different states), potential tax exposure, or you are unfamiliar with court procedures. An attorney can explain duties, help prepare filings, and reduce the risk of mistakes that could lead to personal liability for a personal representative.

If you need local court contact information or help finding an attorney, the Utah Courts website and local bar association referral services are good starting points.