Detailed Answer — Step‑by‑step overview

When a home passes to multiple heirs and one or more heirs are minors, Utah probate procedures typically require a court process before selling the property. The process protects the minor’s property interest and ensures the sale is fair. The main steps are:

1. Confirm how the property is owned and who has authority.

   Determine whether the home passed under a will, by intestacy (no will), or by transfer outside probate (for example, joint tenancy or a transfer-on-death deed). If the home is in probate, the personal representative (executor/administrator) may have authority to manage or sell estate property under Utah probate law. If the home passed directly to heirs (for example, by a deed naming beneficiaries), the heirs are co‑owners and the court often must approve any sale that affects a minor’s share.

2. Identify the minor’s guardian or conservator or ask the court to appoint one.

   Minors cannot legally manage or sell their real property interest. If a minor already has a court‑appointed guardian or conservator with authority over property, that person will act on the minor’s behalf. If not, you will usually need to ask the probate court to appoint a guardian or conservator for the minor’s property or to appoint a guardian ad litem to protect the minor’s interests for purposes of the sale.

   See Utah probate resources for guardianship procedures: Utah Courts — Probate Howto and the Utah Code governing guardianships (Title 75): Utah Code, Title 75.

3. File the proper petition in the probate court.

   To get court approval you (or the personal representative / guardian) must file a petition asking the probate court to authorize the sale of the real property or the minor’s share. The petition should explain: the decedent’s identity; how title passed; the heirs and their ages; the reason for sale (e.g., inability to maintain the property, fairness to co-heirs, monetary division); the proposed sale terms; and whether an appraisal supports the price.

4. Give notice to interested parties and obtain court‑ordered protections for the minor’s proceeds.

   Utah courts require notice to all interested parties (co‑owners, beneficiaries, creditors in some cases). The court will look for safeguards for a minor’s funds — often ordering that the minor’s share go into a restricted or blocked account, be supervised by a conservator/guardian, or be invested under court direction. The court may also require a bond from the guardian or personal representative to protect the minor’s money.

5. Obtain an appraisal or evidence of fair market value and present sale terms.

   The court will evaluate whether the proposed sale price and terms are fair. Courts typically expect a recent appraisal or multiple market opinions and a fully negotiated purchase agreement. If co‑owners disagree, the court may order a sale at public auction or authorize a sale to a buyer who offers the best terms.

6. Attend the hearing — the court decides.

   The judge will review the petition, the notice responses, the appraisal, and any objections. For the minor’s benefit the court will ask whether the sale is in the minor’s best interest and whether the price and distribution plan protect the minor. If approved, the court issues an order authorizing the sale and describing how proceeds will be handled.

7. Follow the court order for distribution of proceeds and post‑sale steps.

   After closing, follow the court’s directions for distributing or investing the minor’s funds. This often means placing them in a restricted account or delivering them to the guardian/conservator who must account to the court. If the sale was part of probate administration, the personal representative must account to the court before final distribution.

Two common alternatives you may see:

• If all co‑owners (including the minor’s guardian) agree, the court may approve a private sale more quickly than if a dispute exists.
• If co‑owners cannot agree and a sale is the only practical solution, any heir or the personal representative can petition the court for a partition sale of the property (a forced sale ordered by the court) or ask the court to appoint a commissioner to sell the property.

Statutory and court rules that commonly apply include the Utah probate statutes and local probate rules. See the Utah Courts probate information: https://www.utcourts.gov/howto/probate/ and the Utah Code, Title 75 (probate, guardianships, and related matters): https://le.utah.gov/xcode/Title75/75.html.

Typical documents and evidence you should prepare

• Certified death certificate of the decedent
• Will (if any) and any probate filings (letters testamentary or letters of administration)
• Title/deed and property tax records
• Appraisal or comparative market analysis
• Proposed purchase agreement with buyer
• Petition to sell property and proposed court order
• Guardian or conservator appointment paperwork (or petition to appoint one)
• Evidence of notice to heirs and interested parties
• Proof of repairs or listing history if relevant to price

Timing, costs, and common delays

Expect the process to take several weeks to a few months. Time depends on whether a guardian must be appointed, whether the sale terms are contested, and local court schedules. Costs include appraisal fees, court filing fees, possible guardian/conservator fees, attorney fees, and any bonds required. If the estate is small or the heirs agree, the court process is often faster and less expensive.

When you may NOT need formal court approval

In some limited situations the sale may proceed without a probate court order, for example if the home passed automatically by survivorship to the remaining co-owner(s) or if the minor’s guardian has clear statutory authority to sell the minor’s property under an existing guardianship order. Always confirm with the probate court or a Utah attorney before relying on this option.

Helpful Hints

• Start by checking whether the home is subject to probate. If yes, contact the county probate court clerk or review the Utah Courts “how‑to” probate pages: https://www.utcourts.gov/howto/probate/.
• If a minor will inherit, ask the court to appoint a guardian or conservator early so you can avoid delays later.
• Get a current, professional appraisal to support the sale price — courts give weight to a credible valuation.
• Provide full, timely notice to all heirs and interested parties to avoid contested hearings and appeals.
• Consider mediation if co‑owners disagree — many disputes resolve faster and cheaper outside of a contested court hearing.
• Keep detailed records of all offers, repairs, and communications — the court may request them when evaluating the sale.
• Ask whether the court will let you escrow the minor’s proceeds into a blocked account; this is a common protective measure.
• Budget for possible guardian/conservator fees and the requirement to post a bond — these are ordinary protections for a minor.
• Use an attorney experienced in Utah probate and guardianship practice to prepare the petition and proposed order — good pleadings speed approval.