Salt Lake City, UT asked in Real Estate Law for Utah

Q: My father and his brother bought some property together and have a deed showing they are the sole owners of the property

My Uncle passed away, he did not leave a will. So what does my father now need to do? Does this need to be filed with probate court? Or does this now fully pass to my father?

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

A: The answer depends on how your father and uncle owned the property together. If the deed says they are "joint tenants" then your father will receive sole ownership of the property. That would only require a simple document recorded with the county with a copy of the death certificate.

If the deed says just about anything else, then your uncle's heirs will legally receive the property. If your uncle left the property to someone in a will, then the heir would need to go to court and open a probate to get their name on the property. The details of the deed will be very important.

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