QUESTION
If we want to sell the home, what do we need to do?
Asked on Apr 08th, 2015 on Estate Planning - Utah
More details to this question:
My parents died over ten years ago leaving a home they owned outright. There is a will from the 1980's, but it refers to a previous home by address, rather than the newer home they were living in when they passed away. The will has never been filed, although it states that their property would be left to my sister and I.
2 ANSWERS
Real Estate Attorney serving South Jordan, UT
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James T. Dunn P.C.
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It is too late to probate the will since more than 3 years have passed. But you can file a petition for declaration of heirs that will solve this problem and allow the title company to accept the heirs as the selling parties to convey title. This does require a court hearing, but is no more expensive than a probate. If the property is held in joint tenancy, one parent can be removed from title by filing a death certificate and affidavit with the county recorder. The petition for declaration of heirs then deals only with the last parent to die.
Answered on Apr 09th, 2015 at 10:06 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Under Utah law, you cannot probate the will anyway. What you have to do is file a petition for an order determining heirs. That order will transfer the title to you and y9our sister (and anyother siblings) names. Once that order is recorded at the recorder's office, you will be able to sell the house.
Answered on Apr 09th, 2015 at 10:05 AM