Detailed answer: step-by-step overview under Utah law

This answer explains typical steps people follow in Utah when they want a court appointment that lets them give notice to creditors and handle estate property. Many courts offer a simplified or summary small-estate process for limited assets. Important: in many cases a small-estate affidavit or summary process covers only personal property, and selling real estate often requires a formal appointment with authority to sell or explicit court approval. Always confirm with the probate court and the Utah statutes governing probate administration (Title 75 of the Utah Code: https://le.utah.gov/xcode/Title75/75.html) and the Utah Courts probate how-to pages (https://www.utcourts.gov/howto/probate/).

1. Identify whether the estate qualifies for a small estate procedure

First list all assets (bank accounts, vehicles, personal property, real estate) and estimate their values. Many small-estate procedures have a maximum total value or limit on the types of assets that qualify. If the estate contains real property of significant value, a small-estate affidavit may not allow transfer or sale of that real property. Check the probate clerk or statutes (Title 75) for Utah’s thresholds and limits: https://le.utah.gov/xcode/Title75/75.html.

2. Decide what authority you need: notice to creditors vs. sale of real property

These are two different legal acts:

• Running a notice to creditors: the court or the appointed representative provides formal creditor notice so creditors can present claims against the estate within the statutory claim period.
• Selling real property: conveyance or sale of real estate usually requires that the seller holds legal authority to act for the estate—typically through formal appointment as a personal representative with power to sell, or by explicit court order authorizing a sale.

Because selling real estate often goes beyond what a small-estate affidavit allows, you will likely need either a limited appointment with sale authority or full probate administration. Confirm with the county probate court.

3. Prepare the correct petition or affidavit and supporting documents

Depending on the county and whether the estate meets small-estate rules, you will either file:

• a statutory small-estate affidavit or summary administration form (when allowed), or
• a petition for appointment of a limited personal representative that asks the court to grant specific powers (such as notice to creditors and authority to sell a specific parcel of real estate).

Typical documents the court will want:

• Certified copy of the death certificate
• List of known heirs and their contact information
• Inventory of estate assets and values
• Copies of title documentation for real property (deed)
• Proposed order or form appointing you as limited personal representative and describing the limited powers requested
• Any signed waivers or consents from heirs (if available)

4. File with the correct Utah county probate court and pay filing fees

File the petition or affidavit in the probate court where the decedent lived. The probate clerk can tell you which form the court uses for small-estate procedures and limited appointments. If a petition is required, the court will schedule an appointment or entry of an order. If an affidavit is allowed and properly completed, the clerk may be able to issue a short form appointment or certificate of entitlement.

5. Provide notice required by the court and Utah law

Once you seek appointment, Utah law and local court rules determine how you must notify interested persons and creditors. Typical steps include:

• Mailing notice to known heirs and known creditors.
• Publishing notice in a local newspaper if required for unknown creditors.
• Using the court’s prescribed creditor-notice form if required.

Follow the exact timing and method the court requires. The statute and local rules set the deadline for creditors to file claims; if you miss a required method or waiting period, you may expose yourself to liability. See Utah Code Title 75 for the applicable probate administration provisions: https://le.utah.gov/xcode/Title75/75.html.

6. Obtain the court’s order or official letters granting your limited authority

The court will either enter an order appointing you as limited personal representative and issuing letters or will accept the small-estate affidavit and provide the legal basis to act. Keep certified copies. Many third parties (banks, title companies) will ask for certified letters or a court order before accepting your actions on behalf of the estate.

7. Running the notice to creditors

After appointment (or as required under the small-estate procedure), run the creditor notice as ordered. Keep proof of mailing and publication. If creditors file valid claims, pay or dispute them according to the statute and court direction. Resolving claims is a prerequisite to distributing assets or selling property in many cases.

8. Selling real property: do not assume a small-estate process alone authorizes sale

Key point: a small-estate affidavit often authorizes disposition of personal property but does not automatically allow sale of real estate. To sell real property you will usually need one of these:

• a court order granting specific authority to sell the property, or
• formal appointment as a personal representative (even if limited) with explicit sale authority, or
• all heirs’ written consent and a compliant transfer process recognized by the county recorder and title company (but consent alone may not satisfy creditors or satisfy title companies without court documents).

Most buyers and title companies will require letters of appointment, a certified court order, or a fully executed and recorded probate deed. If the property has liens or mortgages, you will need to address those before or at closing.

9. Complete accounting, sell or transfer property, and close the estate

If you obtain authority to sell, follow the court-approved process: get an acceptable sales contract, obtain any required court approval for the sale price or terms, provide required creditor notices, pay valid claims, pay taxes and liens, and distribute the net proceeds to heirs. Keep thorough records and obtain the court’s final approval or file the required closing documents.

When you will likely need an attorney

If the estate contains real property you intend to sell, or if creditors or disputes exist, hiring a Utah probate attorney is strongly recommended. An attorney helps prepare the petition, obtain the proper limited appointment or sale order, and avoids personal liability for acting without authority.

Helpful hints

• Talk to the county probate clerk early. They will tell you which small-estate forms and local procedures the court uses.
• Do not rely on a small-estate affidavit alone to sell real property. Confirm sale authority with the court.
• Gather a certified death certificate and proof of title to the property before filing.
• Get signed waivers from heirs if they agree—this can simplify court action but usually cannot replace court approval when selling land.
• Keep exact proof of mailed notices and publication for creditor notice compliance.
• Work with a title company early. Title companies often require court-issued letters before they will close a sale.
• Expect to post a bond only if the court requires it. Sometimes the court waives bond for limited appointments or when heirs consent.
• If creditors appear, respond promptly. Unpaid valid claims can expose an appointed representative to personal liability if distributions occur prematurely.
• When in doubt, hire a Utah probate attorney to draft the petition or obtain the sale order. The cost may be small compared with the risk of an invalid sale.
• Review Utah Code Title 75 for statutory details and consult the Utah Courts probate how-to pages for practical filing guidance: https://le.utah.gov/xcode/Title75/75.html and https://www.utcourts.gov/howto/probate/.