Provo, UT asked in Real Estate Law for Utah

Q: Hi, my mother just passed. I am one of her sons and she has no living spouse. What happens with her home?

She had a living will but it's from years ago and not notarized or anything. Also, has a power of attorney as one of the sons. But again not notarized.

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
  • Spanish Fork, UT
  • Licensed in Utah

A: It depends on a few things. Who are listed on county records as the owner of the home. Sometimes this may surprise you. If she signed and recorded a deed placing her property in a joint tenancy with someone else, that person now owns the property.

If she did not leave a will or trust behind, state law gives the property to her children. In that case to access the property, you will need to open a probate, get a personal representative named, and then get an Order Determining Heirs to have the right to sell or distribute ownership in the property.

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