Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice about your situation.
Detailed Answer
When someone dies owning real estate in Utah without a valid will, the property passes under Utah’s intestate succession laws. You must open a probate estate in the district court where the decedent lived. An interested person—often a close family member—files a petition to appoint a personal representative (PR). The PR handles debts, expenses and distributes assets according to statute.
Utah Code §75-2-103 defines the order of heirs: first spouses and children, then parents, siblings and more distant relatives. If the decedent left a surviving spouse and children, the spouse receives a statutory family allowance plus a share of the residue; children divide the remainder equally (Utah Code §75-2-302). If no spouse survives, all goes to the children. If no descendants exist, property passes to parents, then siblings, and so on (Utah Code §75-2-103).
Once heirs receive their shares, the PR signs and records an executor’s or personal representative’s deed to transfer title. The deed must describe the property, name the PR, identify the heirs and reference the probate case. You record the deed with the county recorder where the home sits.
Utah offers a small-estate affidavit process for estates under $150,000 in personal property (Utah Code §75-3-701), but real estate generally requires formal probate. In limited cases, heirs may agree to an affidavit of heirship to clarify ownership, but recording such an affidavit carries risk without judicial oversight.
Helpful Hints
- Act promptly. Utah requires notice to creditors and potential heirs.
- Gather all title documents. Include deeds, mortgage statements and tax records.
- Consult the county recorder’s office for form and fee requirements to record deeds.
- Consider hiring a probate attorney or paralegal to avoid procedural errors.
- Keep heirs informed throughout probate to reduce disagreements and delays.