Selling a house in probate in Utah involves several legal steps, as the property is subject to court oversight. Here’s a general guide to help you navigate the process:
1. Determine If Probate Is Required
- If the deceased had a living trust, the property might bypass probate.
- If the house was jointly owned with rights of survivorship, it may automatically transfer to the surviving owner.
- Otherwise, probate is required to sell the house.
2. Open a Probate Case
- File a Petition for Probate in the district court where the deceased lived.
- The court will appoint a personal representative (executor) to manage the estate.
3. Obtain Court Approval for the Sale
- If the will grants the executor full authority under the Utah Uniform Probate Code (UPC), they may sell the property without additional court approval.
- If the will does not grant full authority, you must get court approval before selling the home.
4. Appraise the Property
- Utah law may require a formal appraisal to determine fair market value before selling.
- The home should be listed at a price close to or above the appraised value.
5. List the Property for Sale
- Work with a cash buyer like America Home Restoration