Short answer

If a recorded deed or other recorded instrument shows the property left your mother’s estate decades ago, the person or entity named on that recorded document likely owns the property now. You generally will not have an ownership interest unless you can prove the earlier conveyance was invalid (for example, forged, obtained by fraud, or made without proper authority). To challenge old transfers you may need a title search, documentary proof, and possibly a court action such as a quiet-title suit or an action to set aside a conveyance.

How conveyances and recorded documents affect ownership

Utah law recognizes that a properly executed and recorded deed transfers title to the grantee. County recording of deeds creates public notice and helps establish who owns land. For general information about recording rules see Utah’s statutes on recording and conveyances: Utah Code Title 57 (Recording and Real Property).

If the deed leaving the property out of your mother’s estate was executed in her lifetime and recorded, it normally removed the property from her estate before she died. If the property was sold as part of the probate process and the sale was authorized and properly recorded, the sale is generally effective and marketable title passes to the buyer.

When you might still have a claim

You may still have a legal claim in a few limited scenarios:

• Fraud or forgery – if the deed was forged or signed without your mother’s signature or consent.
• Lack of capacity or undue influence – if your mother lacked capacity when she signed the deed or someone coerced her.
• Improper probate or unauthorized sale – if someone diverted estate property without the court or executor having proper authority.
• Clerical/recording errors – if the recorded document is incorrect or a different parcel was intended.

To pursue these claims you typically must act in court. Utah probate and civil procedures govern those lawsuits; see Utah’s probate code for context: Utah Code Title 75 (Probate and Trust Code). For civil actions to resolve ownership disputes, see the Utah Code on civil procedure: Utah Code Title 78B (Courts and Civil Procedure).

Practical steps to take right away

1. Order a full title report or chain-of-title search through a title company or county recorder. A title search will show the chain of deeds and recorded documents.
2. Obtain copies of the recorded deed(s) and any probate records for your mother from the county recorder and probate court. These documents are critical evidence.
3. Check whether the conveyance was recorded and whether the buyer or grantee has taken and used the property openly (which may support their claim).
4. If you suspect fraud, forgery, or an unauthorized sale, consult a Utah real property or probate attorney promptly. Some claims have time limits (statutes of limitations).
5. If the title has a cloud you believe is wrongful, you may need a quiet-title action in Utah district court. Utah Courts provide self-help information about quiet-title suits: Utah Courts: Quiet Title.

How courts typically resolve these disputes

A Utah court will look at the documentary record (deeds, probate papers, recordings), witness statements, and any evidence of fraud or lack of authority. If the deed is valid and the buyer/holder acquired title in good faith, the court will normally leave the recorded conveyance in place. If the deed is voidable because of fraud, forgery, or lack of authority, a court can set it aside or quiet title in favor of the rightful owner.

Timing and limitations

Many claims to set aside a conveyance or recover title have statutes of limitation. Because the conveyance you describe happened decades ago, some claims may be time-barred. An attorney can evaluate which limitations apply and whether any exceptions (for example, fraud discovered later) might extend a deadline.

Helpful Hints

• Start with a title report. It answers most questions about who owns the property now.
• Get certified copies of any probate file for your mother—those records show what property passed through probate and what did not.
• Look for recorded deeds, affidavits, and releases in the county recorder’s office where the property is located.
• If you find a questionable deed, photograph or download the recorded image and preserve original documents if you have them.
• Don’t try to “take back” property yourself. Changing locks or removing occupants can lead to criminal or civil liability.
• Talk to a Utah real property or probate attorney to evaluate options like quiet-title suits, claims against an executor, or fraud litigation.
• If cost is a concern, ask about limited-scope representation or a title company’s options for a preliminary report.

Key Utah statutory resources

• Recording and real property statutes: Utah Code Title 57
• Probate and trust statutes: Utah Code Title 75
• Civil actions and court procedures (for quiet-title and related suits): Utah Code Title 78B
• Utah Courts self-help on quiet title: https://www.utcourts.gov/howto/title/quiet/

When to contact an attorney

Contact an attorney if any of the following apply:

• You see signs of forgery, fraud, or an unauthorized sale.
• You find conflicting deeds or a cloud on title.
• You want to explore a quiet-title action or claim against an estate representative.
• You need help interpreting a title report or assessing time limits.