Detailed Answer
Step 1: Gather key documents
Locate the property deed in your deceased parent’s name and obtain a certified copy of the death certificate. Search personal records, a safe-deposit box or file cabinet for a will or trust document.
Step 2: Identify whether the property passes via trust, will, or intestate succession
If the property sits in a living trust, the successor trustee named in the trust takes ownership without probate. If a valid will exists, the property transfers according to its terms through the probate process. If no will or trust exists, ownership passes under Utah’s intestacy laws.
Step 3: Use summary distribution or full probate
For small estates, Utah Code § 75-3-701 allows a summary distribution procedure instead of full probate. See Utah Code § 75-3-701. If the estate exceeds the threshold or complex assets exist, open a full probate case in the county where the real property lies and petition for probate or letters of administration.
Step 4: Apply intestate succession rules if no will exists
When your parent dies without a will (“intestate”), Utah Code § 75-2-103 dictates distribution. See Utah Code § 75-2-103. Key rules include:
- If there is a surviving spouse and no descendants, the spouse inherits all separate property.
- If there is a surviving spouse and one or more descendants, the spouse receives one-half of the separate property; descendants share the other half equally.
- If there is no surviving spouse, all surviving children inherit equally.
- If no spouse or descendants survive, the estate passes to parents, then siblings, under the statute.
Step 5: Record the new deed
After probate or summary distribution, prepare and record a new deed at the county recorder’s office reflecting the estate’s new owner(s). Pay applicable transfer taxes or recording fees.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Check with the county recorder for any liens, mortgages, or easements on the property.
- Obtain multiple certified copies of the death certificate—recorder’s offices and banks often request originals.
- Secure the original deed and will or trust in a safe location once you identify them.
- Review Utah Code § 75-3-701 early to see if your estate qualifies for summary distribution.
- Keep thorough records of all filings, fees paid, and court dates during probate.
- Consider professional help if assets are complex or creditors exceed estate value.