Short answer

Yes. In Utah a partition action must include the people who own an interest in the property. If your sibling died and their ownership interest passed to heirs (either by will or by intestate succession), those heirs (or the personal representative of your sibling’s estate) are proper parties to a partition suit. To add them you identify who holds the decedent’s interest, join the correct persons or the estate representative in the case, and serve them according to Utah rules.

Detailed answer — what governs who must be joined

Partition actions are equitable suits to divide or sell real property held by two or more people. Utah statutory and procedural law requires that persons with a present ownership interest in the property be made parties so the court can fully resolve title and distribute proceeds. See Utah Code, Title 78B, Chapter 6 (Actions) for the statutory framework affecting partition and related remedies: https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html.

Who is a necessary or proper party?

• Any person who currently holds a legal title or equitable interest in the property. If your sibling owned a share and died, the sibling’s interest did not automatically disappear — it passed to whoever inherits under the will or by intestate succession.
• If the decedent’s interest is still in probate, the personal representative (executor or administrator) is typically the proper party to represent the estate in the partition action until the estate distributes the property.
• If the estate has closed and title transferred to named heirs, those heirs are proper parties. If you don’t know who the heirs are, you may need to search probate records or use court procedures to locate or bind unknown heirs.

Key procedural rules

Joinder of required parties follows Utah civil practice rules. Utah’s rules on joining necessary parties and adding parties are found in the Utah Rules of Civil Procedure (for example Rule 19 on required joinder and Rule 21 on misjoinder and nonjoinder). See the Utah courts rule pages for civil procedure: Utah R. Civ. P. 19 and Utah Rules of Civil Procedure.

How to add heirs of a deceased sibling to a partition action — practical steps

1. Confirm whether the decedent’s interest passed and how.

   Check whether the property interest went through probate, passed by deed, or passed by operation of law (joint tenancy with right of survivorship, community property, transfer-on-death deed, etc.). If the property was held as joint tenants with right of survivorship, the interest may have passed automatically and no heir holds a share.

2. Search title and probate records.

   Run a title search at the county recorder to see current owners and any probate-related transfers. Search probate filings for the decedent in the county where they lived; the probate file will show the personal representative and any estate distributions.

3. If the estate is in probate, join the personal representative.

   When a decedent’s asset is administered in probate, the personal representative represents the estate’s interest. Instead of naming multiple heirs while the estate remains open, name the estate or the personal representative as a party. Once probate closes and distribution occurs, you may need to join the distributees (heirs) or rely on the final probate order transferring title.

4. If probate is closed or title already transferred to heirs, join the heirs directly.

   Amend your partition complaint (or file a new complaint) naming each heir who holds a share. If you don’t know all heirs, see the next step.

5. When heirs are unknown or cannot be located, follow special service procedures.

   The court can allow service by publication, appointment of a guardian ad litem, or naming “unknown heirs” as fictitious defendants so the court can bind unknown parties. You may need a court order to permit notice by publication or to appoint an attorney or guardian ad litem to represent unknown or unborn heirs. Utah’s civil rules govern joinder and notice procedures; courts often require diligent efforts to locate missing heirs before allowing publication.

6. File an amended complaint or motion to join parties.

   If a partition action is already pending, file a motion or an amended complaint to add the heirs or estate representative as defendants under the Utah Rules of Civil Procedure. Serve the newly added parties in accordance with Utah Rule of Civil Procedure 4 (service of process).

7. Serve the parties correctly.

   Utah requires proper service of process. Serve individuals, personal representatives, or attorneys representing the estate using the methods allowed in Utah Rule of Civil Procedure 4. If service by publication is required, follow the court’s order closely.

8. Be prepared to prove chain of title and capacity to act.

   Bring certified probate documents, death certificates, affidavits of heirship (if allowed), deeds, or certified copies of probate orders to show who holds the decedent’s interest and that the person you joined has authority to act.

For the statutory framework on actions like partition, see Utah Code, Title 78B, Chapter 6: https://le.utah.gov/xcode/Title78B/Chapter6/78B-6.html. For probate and intestate succession rules that control who inherits, see Utah Code, Title 75 (Probate Code): https://le.utah.gov/xcode/Title75/75.html.

Common situations and how they change who to join

• Sole ownership by decedent, estate open: Join the personal representative (executor/administrator) for the estate.
• Sole ownership by decedent, probate closed and title transferred to heirs: Join the named heirs as defendants (or their successors in interest).
• Property held as joint tenants with right of survivorship: The decedent’s share usually passed to the surviving joint tenant(s); heirs may have no interest to join unless the survivorship right is broken.
• Decedent left a will naming beneficiaries: The will’s beneficiaries or the estate’s distributees (after probate) are the parties who hold the interest.

Helpful hints

• Run a title search and a probate docket search early. County recorder and probate records show who currently owns the interest.
• If the estate is still open, name the personal representative — that usually is sufficient until distribution.
• Keep a certified copy of the death certificate and any probate appointment orders; courts often require these documents when adding or substituting parties.
• If you cannot find all heirs, document your search efforts. Courts will want evidence you tried to locate missing heirs before permitting substitute service or publication.
• Consider hiring a real estate attorney or probate attorney if title issues, unknown heirs, or complicated family relationships exist. Partition actions affect title permanently.

Where to read more

• Utah statutes on actions (general partition framework): Utah Code — Title 78B, Chapter 6.
• Utah probate code (intestate succession, personal representatives): Utah Code — Title 75 (Probate).
• Utah Rules of Civil Procedure (joinder and service): Rule 19 — Required Joinder and the civil rules page: Utah R. Civ. P..