Legal Question in Wills and Trusts in Utah

My boyfriends mother passed away and left behind her mobile home and a vehicle. Here in Utah probate is not necessary if the assets do not total $100,000 dollars or more. Her estate would not even come close. We would like to sell her mobile home and vehicle using the Small Estate Affidavit, Death Certificate, Will, and her only heir. If we go down to th DMV and sell these, will the potential buyer have need to fear any repercussions? Can the creditors she owes money to become a threat to the buyer and have them lose these items? We don't want to put someone in that position. The mobile home is in a park and sits on cinder blocks, I believe it is an exemption to probate, but I want to be 100% sure.


Asked on 12/14/11, 2:15 pm

1 Answer from Attorneys
Randy Lish Randy M. Lish, Attorney at Law

You are correct--the mobile home and motor vehicles can be transferred with an affidavit, and you do not need to go through probate with the court. However, her creditors have a priority claim for the assets, and need to be satisfied before the property is distributed. This means that you can transfer the property, but that the proceeds should be used to pay off the estate's debts. There are some exceptions to this and you really need to call and go over the statutes with me. Please call if you have further questions.

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Answered on 12/14/11, 2:42 pm


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