How To Sell Property Interstate (without a will)

Having a Will is crucial, especially if you have children, a Will explains to your family your wishes after passing, including what is to happen with the real estate you own. Selling the real estate of a loved one who has passed intestate or without a Will can be a very long and complicated process. If your loved one has a Will and more than three years have passed since the passing of the deceased and no probate action has been taken, then Utah law presumes that the deceased died without a Will. The problem with this situation is Utah Laws will dictate the distribution of the estate, which may not match the wishes of the deceased.  If this is the case you must first “determine the heirs” through court and have a personal representative appointed. The personal representative has a fiduciary obligation to distribute the estate funds in accordance with the terms of the will or the law of intestate succession.  Once all of this has taken place the sale of real esate can proceed, this process could take months and much longer if there are any objections.  That is why it is so important to have a Will and to consult an Attorney who practices family/probate law.