Detailed answer — How to put a deceased parent’s house into you and your siblings’ names under Utah law
Short answer: If your parent died owning the house solely in their name and left no will, you generally must open a probate administration in Utah so a personal representative can be appointed, and that representative can transfer title to the heirs under Utah’s intestate succession rules. If the house was owned another way (joint tenancy, trust, or a transfer-on-death deed), probate may not be required.
Step 1 — Confirm how the property is titled
Before doing anything, check the county recorder’s office where the house is located. The deed will show whether the house was:
- In your parent’s sole name (most common) — likely requires probate;
- Held as joint tenants with right of survivorship or tenancy by the entirety — survivor(s) usually keep full title automatically;
- In a revocable living trust — trustee moves title without probate if the trust is valid and funded;
- Subject to a transfer-on-death (beneficiary) deed — the named beneficiary takes title without probate if the deed is valid.
Step 2 — Determine who inherits under Utah intestacy rules
If the property was solely in your parent’s name and no valid will exists, Utah’s intestate succession rules decide who inherits. Typically:
- If the decedent left a surviving spouse and children, the spouse usually receives a share and children receive the remainder, subject to specific rules;
- If there is no surviving spouse, the decedent’s children generally inherit the estate equally.
For the court’s plain-language overview, see the Utah Courts page on intestate succession: https://www.utcourts.gov/howto/probate/intestate/
Step 3 — Start probate (if title requires it)
If probate is required because the house is solely in your parent’s name, you or another heir should file a petition for probate (administration) in the Utah district court in the county where your parent lived. The probate process generally:
- Requires filing a petition and providing the death certificate;
- Leads to appointment of a personal representative (also called an administrator) to manage estate assets;
- Gives the personal representative authority to gather assets, pay valid debts and taxes, and distribute property to heirs under the court’s direction;
- Ends when the estate is closed and final distributions have been made.
Utah Courts provides a probate overview here: https://www.utcourts.gov/howto/probate/overview/
Step 4 — Transfer the deed to the heirs
Once the court authorizes distribution, the personal representative will prepare a deed (commonly a statutory warranty deed or a quitclaim deed) transferring the property from the estate to you and your siblings. Required actions include:
- Prepare a deed naming the recipients (the heirs) and describing the property;
- Have the deed signed by the personal representative and notarized as required;
- Record the deed in the county recorder’s office where the property lies; recording completes the transfer of title.
If the estate is insolvent, debts and liens (including mortgage) must be addressed before the property can be distributed free and clear.
Alternative paths that may avoid full probate
Depending on how the property is held or the size of the estate, you may not need full formal probate:
- If the decedent used a beneficiary (transfer-on-death) deed or placed the property in a living trust, the successor(s) or trustee can transfer title without probate.
- Utah offers simplified procedures for small estates that may allow transfer of some assets without full administration, but these processes often apply to personal property rather than real estate. Always confirm eligibility before relying on a small-estate affidavit.
Timeframe, costs, and likely hurdles
Probate time varies. An uncontested administration can take several months to a year. Costs may include court filing fees, a probate bond (if required), attorney fees (if you hire an attorney), and recording fees. Common problems that slow the process include:
- Disputes among heirs about distribution;
- Outstanding mortgage or creditor claims;
- Difficulty locating all heirs or resolving title defects.
What to do right now — a practical checklist
- Obtain multiple certified copies of the death certificate from the funeral home or vital records.
- Search for a will, trust documents, or a transfer-on-death deed among your parent’s papers and with their attorney or bank.
- Check the county recorder’s office for the deed and any liens or mortgages.
- Talk with your siblings and agree on next steps (appointing someone to file probate, selling, or keeping the house).
- Consult the Utah Courts resources on probate and intestacy: https://www.utcourts.gov/howto/probate/
- If parties disagree or the title is complicated, consult a Utah probate attorney for next steps and to prepare the necessary court filings and deed.
Where to find Utah statutes and official guidance
Key Utah resources:
- Utah Courts how-to pages on probate and intestacy: https://www.utcourts.gov/howto/probate/
- Utah legislation website (search Title 75 — Probate & Trusts) for the statutory framework governing intestate succession and administration: https://le.utah.gov/
Important note
This article summarizes common steps under Utah law but cannot cover every fact pattern. For example, whether a small-estate procedure applies or whether the house can pass outside probate depends on precise documents, mortgages, and the county’s practices. If you have questions about liens, tax consequences, or sibling disputes, consult a qualified Utah probate attorney.
Helpful Hints
- Start by obtaining the death certificate and the recorded deed — these two items tell you the most about next steps.
- If you find a trust document, stop and consult the trust language before filing probate; a properly funded trust avoids probate.
- Check the county recorder online — many counties let you search deeds and liens by name or parcel number.
- If the house has a mortgage, the lender typically must be contacted; heirs cannot clear the mortgage simply by recording a deed unless the loan is paid or assumed.
- If heirs want to keep the house but can’t pay creditors or taxes, consider a buyout among siblings or a court-approved sale.
- Keep clear written communication among siblings and document decisions to reduce later disputes.
- When in doubt, get an initial consultation with a Utah probate attorney — many offer brief low-cost consults that help you understand the best path.
Disclaimer: This is general information only and is not legal advice. It does not create an attorney-client relationship. For help tailored to your situation, consult a licensed Utah probate attorney.