[UT] How do I transfer my mother's land to my name?
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I’m so sorry about that! So there are a few things to consider:
- Before transferring property, such as real estate, from one person to another, the law requires the notarized signature of the owner, or the executor of a deceased owner’s estate.
- An executor may only be appointed after petitioning the local courts to become executor of the estate of the deceased.
- As such, before any property may be transferred, a petition must be made and a court order must be issued before a person can transfer the property out of the name of the deceased to the heirs.
So this means that transferring wouldn’t be allowed unless the deed says that it has a right of survivorship clause where it transfers automatically to you. Even being executor of dad’s estate won’t help because you’d still have to do probate to transfer it over to you.
Does that help clarify things? I want to make sure I didn’t leave anything out.
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My mother passed away in January and she has non-primary land in Utah that I would like transferred to me as next of kin and executor of my father’s estate.
I’m so sorry to hear about your mother’s passing; that must be a difficult time for you. Can you please confirm if there is a will in place that addresses the distribution of her assets?
Yes, there was a family trust at her time of death. My father is alive, and since her passing, we have updated the will to have me as executor of the family trust.
Have you already started the probate process for your father’s estate, or is that something you are planning to do soon?
As my father is alive, no, there is not a probate.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your land transfer.
No
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Who is the current executor of the family trust?
I am.
Ok, thanks! Just a few more questions. How was the non-primary land in Utah titled?
On the Kane County Auditor's notice of property valuation, it is listed as [Mother's Name].
Understood! So you’re just wondering what you need to do here, correct?
Exactly, and how to change the owner to myself.
I called the recorder’s office and they were not helpful at all.
Ok! I just need a little time to draft up a high-quality answer. I’ll be with you as soon as possible. It won’t be terribly long, ok?
Ok.
I’m so sorry about that! So there are a few things to consider:
- Before transferring property, such as real estate, from one person to another, the law requires the notarized signature of the owner, or the executor of a deceased owner’s estate.
- An executor may only be appointed after petitioning the local courts to become executor of the estate of the deceased.
- As such, before any property may be transferred, a petition must be made and a court order must be issued before a person can transfer the property out of the name of the deceased to the heirs.
So this means that transferring wouldn’t be allowed unless the deed says that it has a right of survivorship clause where it transfers automatically to you. Even being executor of dad’s estate won’t help because you’d still have to do probate to transfer it over to you.
Does that help clarify things? I want to make sure I didn’t leave anything out.
How do I find out if there is a right of survivorship?
Sure thing! You can check with the county recorder’s office in this case. They would have the official record of this. I know it’s a pain, but you can also check third-party websites to check.
So if at the time of my mom’s death their family trust named each other as executors with me as backup — so technically my dad would be the executor, correct? So is there a form for my dad to have notarized and sent to move the title to him and then we can move the title to me?
Yes, if the trust named your parents as co-trustees and your mother passed away, your father would typically become the sole acting trustee, with you stepping in only if he is unable or unwilling to serve. There is no simple notarized form that automatically transfers the land to him; instead, he would sign and record a trustee’s deed transferring the property from the trust to himself, if that’s allowed under the trust terms. After that, he could execute another deed transferring it from himself to you.
And the trustee’s deed would typically be a deed for the property, correct?
Yes, a trustee’s deed is a formal property deed used by a trustee to transfer real estate from the trust to another person or entity. It includes the legal description of the property and must be signed, notarized, and recorded with the county recorder. This deed serves as the official document that changes ownership in the public record.
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