When a person dies, his or her assets become part of their\nestate. Probate is the process of settling and distributing the decedent\u2019s\nestate to the people entitled to receive it. The Utah Uniform Probate Code,\nwhich sets forth the state\u2019s rules for this process, is codified at Title 75 of\nthe Utah Code.<\/p>\n\n\n\n\n\n\n\n
An estate can be probated formally or informally. Formal\nprobate (under 75-3-401 et seq.) involves more court supervision and is\ntypically reserved for situations in which there are disputes. Informal probate\n(under 73-3-301 et seq.) requires less court involvement and is the typical\nmethod of probate when there are no disagreements about who should serve as\npersonal representative and the manner of administering the estate. <\/p>\n\n\n\n
The extent to which the decedent\u2019s property is subject to administration\nin probate depends on the way assets are titled. In general, property that the\ndecedent owns with one or more others with a survivorship right, property with\na beneficiary designation, and property held in a trust are not subject to\nprobate. For more information on nonprobate transfers, see 75-6-101 et seq.<\/p>\n\n\n\n
In Utah, property devolves upon death to the people\nindicated by a decedent\u2019s will as devisees, or, in the absence of a will, to\nthe person\u2019s heirs in accordance with 75-3-101. To transfer real property by\ndevise, the will must first be declared valid by an order of informal probate\nby the registrar (75-3-102). When the decedent dies intestate (without a will),\nUtah\u2019s laws of intestate succession determine who inherits the decedent\u2019s\nproperty.<\/p>\n\n\n\n
Administration of the estate begins with the court\u2019s\nissuance of letters to the personal representative (75-3-103). The personal\nrepresentative (PR) is the fiduciary authorized by the court to administer the\nestate. Once appointed, the PR \u201cis under a duty to settle and distribute the\nestate of the decedent\u2026as expeditiously and efficiently as is consistent with\nthe best interests of the estate\u201d according to the provisions set forth in the\ndecedent\u2019s will and in compliance with the Probate Code (75-3-703(1)).<\/p>\n\n\n\n
The person asking to be appointed personal representative\nfiles an application with the district court of the county where the decedent\nresided at the time of death (75-3-201). A court-issued document, called either\nLetters Testamentary or Letters of Administration (depending on the testacy\nstatus of the decedent), formally appoints the PR and evidences the PR\u2019s\nauthority to act on the estate\u2019s behalf. Anyone may apply for probate, but\ncertain persons have priority to receive letters under 75-3-203. Along with the\napplication for probate and appointment and the decedent\u2019s will (if applicable),\nthe applicant should also file the decedent\u2019s death certificate. <\/p>\n\n\n\n
Once equipped with letters, the PR may settle and distribute\nthe estate without order or direction of the court (75-3-704). Common duties and\nresponsibilities of the PR include taking inventory and making appraisal of the\nestate, contacting heirs and creditors, submitting accountings, filing the\nrequired legal documents, such as tax returns, and selling assets to pay debts\nand other expenses. Though property devolves to devisees or heirs upon the\ndecedent\u2019s death by process of law, the PR reserves the right to recover\nproperty to pay unsecured debts (75-3-709). <\/p>\n\n\n\n
After the time allotted for presentation of claims, the PR\nmay begin to pay claims \u201cafter making provision for homestead, family, and\nsupport allowances\u201d and costs and expenses of administration in the order set\nforth at 75-3-805 (75-3-807). Creditors\u2019 claims rank higher than those of\ndistributees, so if the estate lacks the assets to pay creditors, then the\ndistributees\u2019 shares are reduced (7-3-902).<\/p>\n\n\n\n
Transactions that the PR is authorized to enter are outlined\nin 75-3-714, and include the sale of real property. To transfer title following\na sale of real property, the PR executes a deed. A personal representative\u2019s\ndeed is named after the executing officer, but typically carries the same\ncovenants as a special warranty deed. <\/p>\n\n\n\n
A special warranty deed is a statutory form under 57-1-12.5.\nBy including the specific language that the grantor \u201cconveys and warrants\nagainst all who claim by, through, or under the grantor,\u201d the PR covenants with\nthe purchaser (grantee) that the property is free from encumbrances made by the\ngrantor and that the grantor will defend the grantee\u2019s title against valid\nclaims from persons arising from the time the grantor obtained title, but none\nother.<\/p>\n\n\n\n
PR deeds name the personal representative as the granting\nparty, reference the decedent, and cite information about the probated estate,\nsuch as the district court in which probate is opened and the case number\nassigned to the estate. To properly convey fee simple title, include the\ngrantee\u2019s name, mailing address, and vesting information.<\/p>\n\n\n\n
PR deeds have the same content requirements as any deed\naffecting title to real property, including a consideration statement of the\nvalue exchanged for the transfer, a legal description of the subject parcel,\nthe tax identification number assigned by the taxing authority, and a\nrecitation of the grantor\u2019s source of title. Any restrictions on the property\nshould also be noted on the face of the deed. The PR must sign the deed in the\npresence of a notary public before recording in the appropriate county.<\/p>\n\n\n\n
After the PR pays the estate\u2019s debts, he or she may proceed\nto distribute the estate in the manner established at 75-3-906. When a\ndistribution of real property is made, the PR executes a deed of distribution\n\u201cas evidence of the distributee\u2019s title to the property\u201d (75-3-907). A recorded\ndeed of distribution is \u201cconclusive evidence that the distributee has succeeded\nto the interest\u201d in the property \u201cas against all persons interested in the\nestate\u201d (75-3-908).<\/p>\n\n\n\n
Because distributees automatically succeed to the decedent\u2019s\ninterest by operation of law, a deed of distribution under 75-3-907 functions\nless as an instrument of transfer than as a release of the PR\u2019s power over the\nproperty and to establish marketable title. The deed of distribution\nfunctionally resembles a quitclaim deed, with the same contents noted above for\ntransfers of real property. <\/p>\n\n\n\n
In addition to meeting all standards for recorded documents, a water rights addendum under \u00a7 57-3-109 is required. This form must be completed and signed by the grantor. Additional documentation, such as a copy of letters and an official death certificate, may be required, depending on the specific transaction. Submit the deed and supporting documents to the recording office of the county where the real property is situated.<\/p>\n\n\n\n
Related Utah Probate Forms:<\/p>\n\n\n\n
This article is not exhaustive; it does not address more\ncomplex probate circumstances and does not address all informal probate procedures\nand requirements. It is important to seek legal advice to ensure compliance\nwith the Probate Code. Consult a lawyer with questions about personal\nrepresentative\u2019s deeds, deeds of distribution, and probate procedures in the\nState of Utah, as each situation is unique.<\/p>\n","protected":false},"excerpt":{"rendered":"
When a person dies, his or her assets become part of their estate. Probate is the process of settling and distributing the decedent\u2019s estate to the people entitled to receive it. The Utah Uniform Probate Code, which sets forth the state\u2019s rules for this process, is codified at Title 75 of the Utah Code.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[11,14],"tags":[],"class_list":["post-86","post","type-post","status-publish","format-standard","hentry","category-probate","category-utah"],"yoast_head":"\n