Detailed Answer
Including real property in a Utah probate estate requires careful planning and compliance with state law. Below are the primary steps to ensure property owned by a decedent becomes part of the estate and can transfer to heirs or devisees.
1. Confirm Decedent’s Ownership and Title Documents
- Locate the deed, mortgage, title insurance, or any Transfer-on-Death (TOD) deed under Utah Code § 75-7-1302. A TOD deed allows you to transfer real property upon death outside of probate. Utah Code § 75-7-1302
- Verify whether the property was owned as community property with right of survivorship, joint tenancy, or tenancy in common. Joint tenancy passes automatically to the survivor.
2. Elect Transfer-on-Death or Beneficiary Deed
If a valid TOD deed exists and has been recorded before the owner’s death, no probate is required for that property. If not, proceed to probate.
3. File a Probate Petition
- File a petition for informal probate or formal administration in the county where the decedent lived. Utah offers both informal and formal procedures under Title 75. Formal Admission to Probate § 75-2-501
- Submit the original will (if one exists) and death certificate.
- Request appointment of a personal representative (executor or administrator).
4. Serve Notice and Inventory Assets
- Publish notice to creditors and mail notices to known creditors as required by Utah Code § 75-3-801 for small estates or broader notice under formal administration.
- Prepare and file an Inventory and Appraisal of estate property—include real property with its appraised value. Inventory & Appraisal § 75-3-701
5. Pay Liabilities and Expenses
- Use estate assets to pay valid claims, debts, taxes, and administrative expenses.
- File a final accounting with the court for formal proceedings.
6. Distribute Real Property to Heirs or Devisees
- Obtain court approval of the distribution plan or order of final distribution.
- Prepare and record a new deed transferring title to the heirs or devisees. Include the court’s order or personal representative’s deed.
7. Close the Estate
Once real property and other assets distribute and liabilities are paid, file a petition for discharge of the personal representative and close the estate with the court.
Disclaimer: This article is for general informational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Check local county recorder rules for deed recording fees and form requirements.
- Consider a Transfer-on-Death deed if you wish to avoid probate.
- Keep copies of all filed documents and court orders.
- Consult a real estate title company to confirm title is clear of liens.
- Act promptly on notices to avoid missed deadlines and invalidated claims.