Disclaimer: This information is for general informational purposes only and does not constitute legal advice. Consult a Utah-licensed attorney for guidance on your specific situation.
Detailed Answer
When a person dies owning real property in Utah, the personal representative (previously called executor or administrator) must follow specific steps to bring that property into the estate for the purpose of paying claims and debts.
- Open Probate and Appointment
File a petition in the proper Utah probate court to open the estate and have the court appoint a personal representative. See Utah Code § 75-3-102. - Inventory and Appraisal
Within the time prescribed by the court, prepare and file an inventory listing all estate assets, including real property, along with appraised values. See Utah Code § 75-3-302. - Notice to Creditors
Publish notice to creditors in a local newspaper and mail notice to known creditors. This gives creditors an opportunity to present claims. See Utah Code § 75-3-304. - Secure and Manage Real Property
Record the personal representative’s letters of appointment in the county recorder’s office where the property lies. Maintain insurance and protect against liens or waste. - Petition for Sale of Real Property
If the estate’s liquid assets are insufficient to pay valid claims, petition the court for authority to sell estate real property. The court evaluates the necessity and terms of sale. See Utah Code § 75-3-718. - Conduct the Sale
Market the property, accept bids or offers, and obtain court confirmation of the sale price and terms. Transfer title via a personal representative’s deed. - Apply Proceeds to Pay Claims
Use the proceeds from the sale (plus any other estate funds) to pay debts and expenses in the order of priority set by statute. See Utah Code § 75-3-305. - Final Accounting and Distribution
File a final accounting with the court showing receipts, disbursements, and remaining assets. After court approval, distribute any remaining funds or property to heirs or beneficiaries.
Helpful Hints
- Hire a licensed appraiser to establish accurate fair market value for real property.
- Keep detailed records of all notices, filings, and expenditures.
- Check for existing liens or mortgages before sale.
- Comply strictly with statutory deadlines to avoid objections from creditors.
- Consider mediation or settlement if creditor claims are disputed.
- Consult a probate attorney to navigate complex issues like mortgage exoneration or tax liabilities.