Detailed Answer
When a decedent’s real property sells in Utah, the personal representative (PR) must secure proper authorizations before distributing the net sale proceeds to heirs. Under Utah law, you typically need the following signed documents:
- Written Consent to Sale of Real Property
Utah Code § 75-3-713 allows the PR to sell estate real property without a court hearing if all beneficiaries (including heirs and devisees) sign a joint written consent. This form confirms each heir agrees to the sale terms and waives the need for court confirmation. Utah Code § 75-3-713. - Affidavit of Heirship
If the estate wasn’t formally probated, an heir signs an Affidavit of Heirship under Utah Code § 57-1-8 to establish chain of title. Recording this affidavit in the county recorder’s office clarifies who qualifies as heirs and prevents title disputes. Utah Code § 57-1-8. - Receipt and Release of Distribution
After closing, each heir signs a Receipt and Release form acknowledging receipt of their share of sale proceeds. This document releases the PR from further liability relating to those funds.
In some cases, the court may require additional forms—such as a formal distribution order—if you did not use the beneficiaries’ written consent under § 75-3-713. Always review the PR’s final accounting and court filings to ensure you sign the correct documents.
Helpful Hints
- Collect original signed consents and affidavits; keep copies for your records.
- Provide the PR with your current mailing and banking details early.
- Discuss potential tax withholding or capital gains implications before sale.
- File the Affidavit of Heirship promptly to avoid title clouds.
- Use a joint written consent only if all beneficiaries agree in writing.
- Consider consulting an estate attorney when multiple parcels or out-of-state heirs are involved.