Detailed Answer
When heirs inherit real property in Utah, they need to use the correct deed form to convey their interests. Two common options are the Personal Representative’s Deed and the Quitclaim Deed. Which one applies depends on whether the estate went through probate and how title vested.
1. Personal Representative’s Deed
If the decedent’s estate was opened in probate, the court appoints a personal representative (executor or administrator). After inventory, valuation, and distribution under Utah Code § 75-3-1204, the personal representative uses a Personal Representative’s Deed to transfer clear title. This deed must:
- Be titled “Personal Representative’s Deed.”
- Identify the personal representative and reference the Letters of Administration or Testamentary Appointment.
- Include a full legal description of the property.
- State the vesting where title now passes (e.g., to heirs, devisees, or third-party buyer).
- Carry the statutory citation and authority under Utah Code § 75-3-713 (le.utah.gov/xcode/Title75/Chapter3/75-3-713.html).
2. Quitclaim Deed
If heirs took title automatically by intestacy or by operation of law (no probate or small-estate procedures), they often convey their fractional interests using a Quitclaim Deed. A Quitclaim Deed:
- Transfers whatever interest each heir holds, without warranties.
- Is faster and less costly than a statutory warranty deed.
- Requires each heir’s notarized signature.
Recording the Deed in Utah
All deeds conveying Utah real property must be recorded in the county where the land lies. Follow these steps:
- Gather Supporting Documents: Obtain a certified copy of the death certificate and, if a probate was opened, the Letters of Administration or Testamentary Appointment.
- Prepare the Deed: Include the grantor’s name (personal representative or heir), grantee’s name, legal description, and deed type. Attach an exhibit with the statutory authority if using a Personal Representative’s Deed.
- Notarize Signatures: All grantors must sign before a notarial officer. Utah Code § 57-3-1 outlines acknowledgment requirements (le.utah.gov/xcode/Title57/Chapter3/57-3-1.html).
- Submit to County Recorder: File the original deed and supporting exhibits with the County Recorder’s Office. Pay the recording fee (varies by county) and any transfer taxes.
- Obtain Recorded Copies: Request certified copies or a recording acknowledgment page for your records and any subsequent transactions.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney before signing or recording any real-estate deed.
Helpful Hints
- Verify there are no outstanding liens or encumbrances before conveying title.
- Confirm each heir’s name and mailing address to avoid errors in the recorder’s index.
- Use a full metes-and-bounds legal description rather than a street address.
- Maintain digital and paper copies of all recorded documents and receipts.
- Consider obtaining a title insurance endorsement to protect against undisclosed claims.