Short answer

Generally no. In Utah, assets that pass automatically to another person at death because of a right of survivorship (for example, joint tenancy with right of survivorship or payable‑on‑death/transfer‑on‑death designations) are not part of the decedent’s probate estate and normally are not listed on the probate inventory as estate property. However, those assets can still matter for administration, creditor claims, or disputes, so you may need to disclose them to the court or interested parties in some situations.

Detailed Answer

Utah law distinguishes between probate assets (property owned by the decedent that must be administered through probate) and nonprobate assets (property that passes outside probate because of title or beneficiary designations). Common nonprobate transfers include:

• Jointly held property with right of survivorship (the surviving joint owner becomes sole owner immediately at death)
• Payable‑on‑death (POD) or transfer‑on‑death (TOD) bank accounts and securities
• Life insurance and retirement accounts with named beneficiaries
• Assets with a valid transfer-on-death deed

Because these assets pass outside probate, they generally do not become part of the estate that the personal representative administers. That means they typically are not included as estate property on the probate inventory that lists the decedent’s assets subject to administration. For Utah’s statutory framework for probate and estate administration, see Utah Code, Title 75 (Estates and Protected Individuals): https://le.utah.gov/xcode/Title75/. For practical court forms and procedural guidance from the Utah courts, see the Utah Courts probate information: https://www.utcourts.gov/howto/probate/.

That said, there are important exceptions and practical points:

• If the asset’s title is unclear, institutions may treat it as estate property until presented with proof of survivorship. You may need to provide the death certificate and account paperwork to the institution that holds the asset.
• Certain inventory forms or local court rules may ask you to list nonprobate assets separately or to state that none exist. The personal representative should read the inventory form and local rules carefully and follow the court’s instructions.
• Nonprobate transfers can still affect creditor rights, family allowance, or elective share claims in some cases. Creditors sometimes assert claims against the estate even if some value passed outside probate; an attorney can advise whether such claims could attach.
• If the survivor’s claim to the asset is contested (for example, dispute over whether the joint account was a true joint tenancy), the asset may become subject to probate litigation and could need to be addressed in the inventory or pleadings.

Practical steps a personal representative or surviving co‑owner should take:

1. Gather documents showing how each asset was titled (deeds, account agreements, beneficiary designations).
2. Obtain certified copies of the death certificate.
3. Contact the financial institution or title holder to learn their procedures for transferring ownership on death and whether they require any court filings or an inventory reference.
4. If the probate inventory form asks for nonprobate assets, list them in the section provided and clearly label them as nonprobate/nonestate property. If in doubt, include a short explanatory note.
5. Keep a written record of communications and copies of paperwork showing transfer of ownership to the survivor.

When to get legal help

Consult an attorney if any of the following apply:

• Title to an asset is ambiguous or disputed.
• There are significant creditor claims, potential elective share or family‑support issues, or tax concerns.
• The probate court or local rules indicate you must list or disclose nonprobate transfers and you are unsure how to proceed.
• Institutions refuse to transfer assets to the survivor without a court order.

Helpful Hints

• Confirm the transfer method. Right‑of‑survivorship and beneficiary designations are the most common reasons assets pass outside probate.
• Keep originals or certified copies of documents that prove survivorship (death certificate, account owner agreements, deeds).
• When filing an inventory, read the court’s inventory instructions. If the form has a place to list nonprobate assets, use it and label items clearly.
• Do not assume an institution will automatically transfer assets without paperwork—call and ask what they require.
• If you expect disputes (siblings, creditors, ex‑spouses), preserve records and consult an attorney early to reduce risk of later litigation.
• Use Utah Courts resources for forms and local guidance: https://www.utcourts.gov/howto/probate/.

Disclaimer: This article explains general principles under Utah law and is for educational purposes only. It is not legal advice. For advice about your specific situation, contact a licensed Utah attorney.