Detailed Answer — How to get title into your child’s name in Utah

When a spouse dies, the specific steps needed to record a new deed so your child becomes the owner depend on three main facts:

1. How the deceased spouse owned the property (sole ownership, joint tenancy with right of survivorship, tenants in common, or a recorded Transfer-on-Death deed).
2. Whether the deceased left a will and whether a probate administration is required.
3. Whether the value of the estate and the type of assets allow use of a simplified procedure (small estate or affidavit process) under Utah law.

Below are the common scenarios and the specific steps you will typically follow in Utah under each.

1) If the property was owned as joint tenants with right of survivorship

Joint tenancy usually means the surviving joint owner automatically becomes sole owner at death. To record clear title and put the child’s name on title (if the child was not already a joint owner):

• Obtain an official certified copy of the death certificate.
• Confirm existing deed language showing joint tenancy with right of survivorship (look for words like “joint tenants” or “with right of survivorship”).
• If you are the surviving joint owner and want the property transferred to your child, you generally must execute a new deed conveying the property from you (as the current owner) to your child. That is a voluntary conveyance by the surviving owner; it is not done automatically to the child unless the child was already named as a joint owner or on a TOD deed.
• Prepare a new deed (usually a warranty deed or quitclaim deed depending on warranty desired). Have the survivng owner sign the deed in front of a notary.
• Record the new deed in the county recorder’s office where the property is located.

2) If the property was owned solely by the deceased spouse

If title was solely in the deceased spouse’s name, ownership moves by probate or by whatever non-probate device (Transfer-on-Death deed) is in place:

• If the decedent left a valid Transfer-on-Death (TOD) deed naming your child as beneficiary and it was properly recorded before death, the county recorder’s office will have instructions or a form to record a beneficiary’s affidavit and the death certificate to complete the transfer without probate.
• If there is no TOD deed, the property typically passes through probate. The person appointed personal representative (executor/administrator) will have authority from the court to sign and record a deed transferring title to the heir(s) — for example, your child — in accordance with the will or Utah intestacy law.
• For lower-value estates you may be able to use Utah’s small estate procedures (affidavit procedures) that let heirs obtain real property or a deed without full probate when statutory limits and requirements are met.

3) If the property was owned as tenants in common

Tenants in common do not have survivorship rights. The deceased owner’s share is part of the estate and passes by will or intestate succession. The personal representative must usually handle the transfer (see probate or small-estate affidavit options above).

4) Typical step-by-step process you will follow in Utah

1. Confirm how the property is titled. Pull the recorded deed from the county recorder to see the exact language of ownership.
2. Get certified copies of the death certificate. Order these from the Utah Department of Health or the funeral home. Most recorders require a certified copy to show death.
3. Decide which legal route applies:
   • If there is a valid recorded TOD deed that names the child, follow the recorder’s process to record proof of death and vesting into the child.
   • If property passed by survivorship to you (joint tenant), sign and record a new deed conveying to the child.
   • If the deceased owned the property alone and no TOD deed exists, open probate or use small-estate/affidavit procedures if eligible.
4. If probate is required:
   • File a petition with the Utah district court in the county where the decedent lived or where the property is located.
   • The court will appoint a personal representative. After probate, the personal representative signs a deed transferring title to the heirs or beneficiaries. File that deed with the county recorder.
5. If using an affidavit or small estate procedure: Confirm statutory eligibility (value limits, timing, and notice). Use the correct affidavit form, attach the certified death certificate, and record the affidavit and a new deed or instrument as required.
6. Prepare the deed: Use the correct deed form (quitclaim or warranty). Identify grantor(s), grantee (your child), legal description of the property, and reference the book/page or recording number of the prior deed. Have the deed signed and notarized.
7. Record the deed at the county recorder: Go to the recorder where the property is located. Pay recording fees. The recorder will index the deed in the land records.
8. Update tax and insurance records: Notify the county assessor, update homeowner’s insurance and title insurance, and ensure property tax accounts are updated for the new owner.

Key Utah resources and statutes

For procedural rules and forms, use official Utah resources:

• Utah Courts — probate how-to and forms: https://www.utcourts.gov/howto/probate/
• Utah State Legislature site (for statutes on decedents’ estates and probate): https://le.utah.gov — search for the Utah Probate Code and the Uniform Probate Code provisions adopted in Utah.

If you want the exact statutory language governing small estate affidavits, transfer-on-death, or probate formalities, a local attorney or the Utah Courts website can point to the correct code sections and the forms used in the county where the property sits.

Helpful Hints

• Start by pulling the deed from the county recorder. Knowing the exact ownership words shortens the process.
• Order multiple certified death certificates up front — several agencies (recorder, banks, title company) will ask for them.
• If a TOD deed was used, confirm it was recorded before the spouse’s death; an unrecorded TOD may be ineffective.
• If you are the surviving spouse and want to transfer to your child, you generally must sign and record a new deed — ownership doesn’t automatically go to the child unless the child was named on title or in a TOD deed.
• For properties of modest value, ask whether Utah’s small estate affidavit or summary procedures apply before opening full probate — they are faster and cheaper when available.
• Use a title company or attorney to prepare the deed if you are unsure about legal descriptions or form language — a bad legal description can void the transfer.
• Record the deed in the county where the property is located. Recording elsewhere won’t protect title or provide constructive notice.
• Expect to update the assessor’s records and homeowner’s insurance as soon as title is transferred to avoid tax or coverage problems.
• If creditors, unresolved liens, or a mortgage exist, those issues can complicate transfer. A probate or a formal settlement may be needed to clear liens before the deed can show clear title to your child.
• When in doubt, consult a Utah probate or real estate attorney — mistakes in transferring real property can be costly and hard to reverse.