How property commonly passes at death in Utah

Not all property owned by a deceased person becomes part of their probate estate. In Utah, ownership can pass outside probate in several common ways:

• Joint ownership with right of survivorship: If the decedent owned the home jointly (for example, “joint tenants”), ownership typically transfers automatically to the surviving co-owner at death.
• Beneficiary or transfer-on-death deed: Utah law allows real property to be transferred by a beneficiary designation or similar deed that names who gets the house when the owner dies. A properly executed beneficiary deed takes effect outside probate. See Utah Code, Title 57 (Real Property) for state statutes and rules: Utah Code Title 57.
• Trust ownership: If the decedent placed the house into a living trust, the successor trustee will handle transfer under the trust terms without probate.
• Survivorship or other nonprobate arrangements: Life estates, community property agreements (where applicable), and similar arrangements also can remove a property from probate administration.

When one of these nonprobate mechanisms applies, the home is not part of the decedent’s probate estate and does not need to be administered by a personal representative in probate court.

How to confirm whether the house is a probate asset

Take these steps to determine whether probate is required:

1. Check the recorded deed at the county recorder’s office (online or in person) for joint-tenancy language, beneficiary designations, or trust references.
2. Ask the lender for the title name on its loan records and whether the loan has any provisions triggered by death.
3. Look for a will or trust document. A will alone does not move title; it directs probate distribution only if the property is in the probate estate.
4. Contact the county recorder or local clerk for public property records if you cannot locate documents.

Can you make mortgage payments to avoid foreclosure if an administrator hasn’t been appointed?

Short answer: usually yes, but the specifics matter.

When you are already the owner (no probate needed)

If ownership passed to you automatically (joint tenancy, beneficiary deed, or trust), you are the owner and you can make mortgage payments in your own name. The lender will expect payments regardless of how title passed; continuing payments normally prevents foreclosure as long as you pay on schedule or arrange loss-mitigation with the lender.

When the house is in the probate estate

If the house is a probate asset because title remained solely in the decedent’s name and no nonprobate transfer applies, the personal representative (administrator or executor) generally has legal authority to manage estate property, including paying mortgages and deciding whether to sell. However, a few practical points:

• You can personally make payments on the mortgage even before appointment of a personal representative. A lender will usually accept payments from a family member or heir to protect the property. Keep records and get receipts.
• Payments you make before you are appointed have potential consequences later — the estate or court could decide those payments were gifts or loans. Keep clear written records (dates, amounts, and proof the lender accepted the payments and applied them to the loan).
• If the estate cannot fund mortgage payments, the personal representative must choose whether to use estate funds, sell the house, or allow the lender to foreclose. Utah statutes and probate procedures guide the representative’s duties; see Utah Code, Title 75 (Probate, Trusts, and Fiduciaries) for estate-administration rules: Utah Code Title 75.

What lenders can do and what you can ask the lender to do

Lenders may proceed with foreclosure according to the mortgage and Utah law if payments stop. If you want to avoid foreclosure:

• Contact the lender immediately, explain the death, and provide a death certificate. Ask whether they will accept payments from you pending transfer of title.
• Ask about short-term loss-mitigation options (forbearance, loan modifications, or reinstatement) that could buy time while you sort out probate or title transfer.
• Get any agreement with the lender in writing and keep proof of payments applied to the loan.

Practical checklist for heirs who want to avoid foreclosure

• Confirm ownership status by reviewing the deed at the county recorder.
• Get several certified copies of the death certificate (lenders and county offices will ask for them).
• Contact the mortgage servicer immediately and explain your plan — ask whether payments from you will be accepted.
• If you pay, pay in a traceable way (check or bank transfer) and keep receipts showing the lender applied the payment to the mortgage.
• If probate is needed and the house is important to the estate or heirs, consider filing for appointment as personal representative or asking someone to petition the court so the estate can act formally.
• Talk to an attorney if the lender refuses to accept payments, the estate is insolvent, or you need help negotiating a sale or loss mitigation. See Utah statutes and local court resources for probate procedures: Utah Code Title 75.

When you should consult a lawyer

Consider getting legal advice if any of the following apply:

• The lender threatens immediate foreclosure and you need quick options.
• There is a dispute about ownership, a missing will, unclear deed language, or competing claims from other family members.
• The estate has little cash and creditors (including the mortgage) are pressing claims.
• You want help filing for appointment as personal representative or using a small-estate process to clear title.