Taylorsville, UT asked in Probate for Utah

Q: Do I have to go through probate to sell my house after the death of my husband.

My husband died 7 years ago, and I am now selling the house. The title company said they can't get a clear title without going through probate. House was titled in both names. We have one child together and he has two from previous marriages.

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1 Lawyer Answer
Wesley Winsor
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Wesley Winsor
Answered
  • Probate Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Sounds super frustrating. I am sorry you have to deal with this. If the house was in both names do you know if the deed stated that you and your husband owned the property as Joint Tenants or as husband and wife? If so then you will just need to file an affidavit of survivorship and the title company will then recognize you as the sole and lawful owner of the property. If, however, you are on there as just two individuals or as tenants in common, then we will need to open up a probate case called a determination of heirs as it has been more than 3 years since your husband's passing in order to establish ownership of the property.

How much ownership will be yours and your stepchildren's will depend on how long you were married if, in fact, you own the property as tenants in common. I hope this helps.

Sincerely,

Wes

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