How to Find the Rightful Heirs and Who Owns a Grandparent’s Property in Utah

Quick answer: Start by locating a will and the decedent’s property records, then check probate filings at the county probate court. If there is no will, Utah’s intestate succession rules determine heirs. If title is unclear, the county recorder’s office and a quiet-title or probate action will resolve ownership. This article explains the steps in plain language and points you to Utah laws and resources.

Disclaimer

This article is for general informational purposes only and is not legal advice. I am not a lawyer. If you need legal advice about a specific situation, consult a licensed Utah attorney.

Detailed answer — step‑by‑step: how to determine heirs and property ownership

1. Confirm the death and get certified copies of the death certificate

Obtain one or more certified death certificates from Utah Vital Records or the county health department. Many institutions (banks, title companies, probate court) require a certified copy to act on the estate.

2. Look for a will or estate planning documents

Ask close family members, the decedent’s attorney, banker, or the decedent’s safe-deposit box custodian if the decedent used one.
Check the decedent’s important papers at home, in a safe, or in their files. Wills are often stored with an attorney or filed with the probate court in some counties.

If you locate a will, the person named as executor (or personal representative) is responsible for opening probate and distributing property under the will.

3. Search public property records (county recorder)

Go to the county recorder or assessor website where the property is located and search by the decedent’s name. Public deed records show current and past owners and may show how the property was held (for example, individually, joint tenancy, or tenancy by the entirety).

Key things to look for in the deed:

If the property was owned jointly with rights of survivorship (joint tenants or tenancy by the entirety), the surviving co-owner usually becomes the sole owner automatically.
If the deed lists a Transfer on Death (TOD) beneficiary or a beneficiary deed, ownership may pass directly to that named beneficiary without probate.
If the deed lists only the decedent (sole ownership), the property likely must pass through probate unless another nonprobate transfer applies.

4. Determine whether assets pass by probate or outside probate

Not all property goes through probate. Common nonprobate transfers include:

Assets with named beneficiaries (life insurance, retirement accounts).
Accounts with payable-on-death designations.
Joint accounts or property held with right of survivorship.
Property transferred by a valid beneficiary deed or other statutory transfer mechanism.

Probate typically applies to property owned solely by the decedent without beneficiary designations.

5. If there is no will, apply Utah’s intestate succession rules

When someone dies without a valid will, Utah law specifies the order of heirs who inherit. Utah’s probate and intestate succession rules are in the Utah Probate & Trust Code. For general information about Utah’s probate code and intestate succession, see the Utah Legislature: Utah Code Title 75 (Probate & Trust).

In simple terms, the typical order is:

Spouse and children (distribution depends on whether the decedent had surviving spouse, children, or descendants).
If no spouse or descendants, parents or siblings may inherit.
If no close relatives, more distant relatives (grandparents, aunts/uncles, cousins) or the state if no heirs can be found.

Because family situations vary (adoptions, stepchildren, predeceased heirs with surviving descendants), review the code or consult an attorney to determine exactly who qualifies as an heir under Utah law.

6. Check probate court records

Search the probate court records in the county where the decedent lived. If someone has already opened probate, you’ll find the petition, the personal representative appointment, and filings that show how the estate will be administered and who the heirs are. Utah Courts provides probate resources and local contact information: Utah Courts — Probate How‑To.

7. If ownership or heirs remain unclear, consider legal actions

Probate proceeding: If property must pass under the will or by intestacy, a probate administration establishes the estate’s inventory and distributes property to heirs or beneficiaries.
Small-estate procedures or affidavits: For modest estates, Utah may offer simplified collection procedures that avoid full probate. Check local court rules or the probate clerk.
Quiet-title action: If title has defects, disputed ownership, or you need a court order to clear the chain of title, a quiet-title lawsuit can resolve who holds legal title.

Because timing, cost, and documentation differ by case, talk with a probate or real estate attorney about the best route.

8. Documents to gather before contacting an attorney or the court

Certified death certificate(s).
Any wills, codicils, trust documents, beneficiary designations.
All deeds and mortgage statements for the property.
Recent bank statements, retirement, and life-insurance beneficiary forms.
Information about joint-account holders or co-owners.
Names, addresses, and contact info for close relatives and potential heirs.

Helpful Hints

Search the county recorder’s online database first — it’s free and often fast.
If you can’t find a will, ask the decedent’s attorney or check safe‑deposit boxes (the bank may need a court order to open them).
Order multiple certified death certificates right away; institutions require originals and won’t accept photocopies.
If a property shows joint ownership, check whether the deed uses the words “joint tenants with right of survivorship” or “tenancy by the entirety.” Those phrases matter for automatic transfer rules.
Keep a careful record of who you talk to and what records you obtain — probate and title disputes often hinge on documentation and timelines.
If heirs can’t agree or title is old/unclear, a quiet-title action or formal probate will likely be necessary.
Use Utah Courts’ probate resources as a starting point: https://www.utcourts.gov/howto/probate/.
When in doubt, consult a licensed Utah probate or real estate attorney to protect your rights and avoid costly mistakes.

Where to look for official Utah law and local help

Utah Code — Probate & Trust (Title 75): https://le.utah.gov/xcode/Title75/
Utah Courts — Probate How‑To and local court contacts: https://www.utcourts.gov/howto/probate/
County recorder/assessor websites — search property records in the county where the property sits (search engine query: “[county name] Utah recorder”).

If you want, tell me the county where the property is located and whether you have a copy of a will or any deed information. I can suggest more specific next steps and records to check.

Remember: this is informational only and not a substitute for legal advice from a licensed Utah attorney.