Detailed Answer — How to finish probate and obtain authority to sell estate real property in Utah

Short answer: You must determine whether the real property is actually in the probate estate, get a personal representative (PR) appointed by the Utah probate court, and then either rely on statutory powers of a PR or obtain a court order that specifically authorizes sale of the property. An “outdated” will can still be valid and controlling; what matters is whether the will was properly executed and whether title or beneficiary designations were changed after the will was signed.

Step 1 — Identify what property is actually in probate

Not all property discussed in an old will will pass through probate. In Utah, assets that pass automatically or by contract (joint tenancy with right of survivorship, deeds to others, transfer-on-death designations, life insurance and retirement account beneficiary designations, and property held in trust) usually transfer outside probate. Real property titled only in the decedent’s name at death is typically probate property and needs to be administered in probate to transfer clear title.

Step 2 — Confirm whether the will is valid and whether there are later wills or codicils

An outdated-looking will remains effective if it was properly executed and not revoked. A later valid will or codicil revokes an earlier one to the extent of inconsistency. If you suspect there is a later will, you should search the decedent’s important papers and check with the county recorder or the attorney who drafted prior documents. If there is doubt about validity or revocation, the probate court will decide during formal probate.

Step 3 — Open probate and get appointed as the personal representative (PR)

To act for the estate you need formal appointment. In Utah that means filing a probate petition in the district court in the county where the decedent lived. The court will issue Letters Testamentary (if there is a will) or Letters of Administration (if there is not a valid will). Once you have those letters, banks and title companies will usually accept your authority to manage estate assets.

Utah courts provide guidance about the probate process; see how-to information from the Utah Courts: https://www.utcourts.gov/howto/probate/

Step 4 — Determine whether the PR’s ordinary statutory powers are sufficient

Under Utah probate law, a properly appointed PR has broad powers to manage estate property. Those powers commonly include collecting assets, protecting estate property, and selling estate property when reasonably necessary to pay debts, expenses, or to carry out administration. If the sale is routine and clearly necessary (for example, to pay estate debts or to convert the property to cash for distribution), a title company may accept PR authority plus a filed inventory and/or an order approving the sale.

For details on PR powers in Utah, consult the Utah probate statutes in Title 75 (Probate). The text of the probate code is available on the Utah Legislature website: https://le.utah.gov/xcode/Title75/Title_75.html

Step 5 — When you need explicit court approval to sell

Even though a PR has statutory powers, many sales of real estate require either: (a) a specific provision in the will authorizing sale, (b) a PR’s affidavit plus the court’s issuance of an order approving the sale, or (c) a court confirmation hearing when an interested person objects.

Common situations requiring a court order include:

• When a buyer or title company insists on a court order to clear title.
• When the sale is to a related party (beneficiary or family member) and other heirs could object to fairness of price or terms.
• When the estate is insolvent or there are substantial creditor claims that affect priority of sale proceeds.
• When the will is contested (for example, claims of revocation, forgery, or that the will does not reflect the decedent’s current intent).

Step 6 — Procedure to get court authority to sell

Typical steps to obtain a court-authorized sale of estate real property in Utah:

1. File the probate petition and be appointed PR (Letters Testamentary or Letters of Administration).
2. Prepare and file an inventory listing the real property and its estimated value.
3. If the will does not authorize a sale, file a petition or motion asking the court for authority to sell. Attach proposed sale documents (purchase contract), a copy of the title report, and a proposed order approving the sale. Provide notice to heirs and interested parties per statutory notice rules.
4. Obtain the court’s order approving the sale. The order can (a) authorize the sale without a confirmation hearing, or (b) set a date for a confirmation hearing where interested persons may object.
5. Close the sale and account for sale proceeds in the estate accounting. The court’s approval and the PR’s letters typically allow the title company to issue clear title to the buyer.

Step 7 — Handle conflicting title or non-probate transfers

If the deed shows a co-owner, joint tenancy, or a transfer-on-death beneficiary, the property may have passed outside probate and the PR cannot sell it. If there is a title defect, competing claims, or the decedent tried to change ownership by a deed after the will, you may need additional proceedings — quiet title, reformation, or litigation — to clear title before sale.

Practical tips when a will is outdated

• Compare the will’s asset list against current title records and beneficiary designations.
• Document any transfers made after the will (deeds, joint accounts, TOD deeds) — these often control over a prior will for that asset.
• If the outdated will names an executor who is unavailable, the court will appoint a different PR (often a nominated successor or a petitioner with priority under the code).
• If heirs disagree with selling the property, you may need the court to weigh competing interests and either approve or deny the sale.

Timeframe and costs

Formal probate in Utah can take several months up to a year or more depending on complexity, creditor claims, and whether litigation or a confirmation hearing is required. Expect court filing fees, costs for appraisals or title reports, bond premiums if the court requires a PR bond, attorney fees if you hire counsel, and closing costs on a sale.

If you need to act quickly

If immediate action is required (e.g., emergency maintenance, threat of property loss, or perishable assets), a petition to the court for temporary or emergency powers is commonly available. The court can issue short-term authority to preserve estate property pending full probate.

Resources — Utah statutes and court guidance

Utah Courts probate how-to pages: https://www.utcourts.gov/howto/probate/

Utah Code — Probate (Title 75): https://le.utah.gov/xcode/Title75/Title_75.html

Important: This is general guidance. Utah statutory details and court rules control your specific case; if there are disputed facts, large estate values, or potential creditor claims, get a probate attorney involved.

Helpful Hints

• Start by pulling a certified copy of the decedent’s death certificate and a current title report for the property.
• Gather the original will and any codicils. If you only have copies, tell the court and try to locate originals or proof of execution with the drafting attorney.
• Check for non-probate mechanisms (joint tenancy, beneficiary deeds, TOD designations) that may remove property from probate.
• If the will is outdated but no subsequent transfers were made, the will normally still controls — the court will follow the last valid will.
• Talk to the local county recorder to see how the property is titled and whether there are recorded beneficiary deeds or other encumbrances.
• If a title company or buyer asks for a court order to ensure clear title, be prepared to file a petition asking the court to approve the sale and confirm the PR’s authority.
• Keep detailed records and receipts for estate expenses and all communications with potential buyers and heirs — the court will expect a clear accounting.
• If multiple heirs object to the sale or claim a later change of intent by the decedent, consider mediation or court guidance early to avoid delayed closings and increased costs.

Disclaimer: This article is informational only and does not constitute legal advice. For help applying Utah law to your situation, consult a licensed Utah attorney or contact the probate clerk in the district court where the decedent lived.