Taylorsville, UT asked in Estate Planning, Probate and Real Estate Law for Utah

Q: Do I need to go through probate to sell my home after my husband's death

Husband died 7 years ago. I'm selling the house and was told they could not get a clear title without going through probate due to The laws being different in 1987 when the house was bought. We have one child together and he has two children from previous marriages.

1 Lawyer Answer
William Tyler Melling
William Tyler Melling
  • Estate Planning Lawyer
  • Cedar City, UT
  • Licensed in Utah

A: I'm sorry for your loss.

Probate is probably unavailable at this time, due to the length of time since his passing. Instead, you will need to obtain an order determining heirs. Most probate attorneys in the county where he passed would be qualified to help you with that process.

One potential problem is if his share in the home value exceeds $75k. His children would likely be entitled to half of his share's value that exceeds that amount. Be sure your attorney is aware of that and takes that into consideration.

Best of luck to you. I hope this was helpful.

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