Legal Question in Wills and Trusts in Utah

Probate without a will more than 5 years after death

My husband died in 1998 without a will. I have not yet gone through probate. He held ownership of our home as tenant in common with me. He also held ownership of 3 pieces of land with his 2 sisters (2 in Idaho & 1 in Utah). The 2 sisters and I would like to sell the Utah property now. No one is questioning my right to inherit all his property. How do I go about obtaining the legal right to sell this property? What court has jurisdiction? Can I do this without an attorney (my resources are very limited)? If so, how?


Asked on 11/06/03, 5:20 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Probate without a will more than 5 years after death

You will have to either open probate, get yourself appointed personal representative and then petition the court for an order approving the disposition of the property. The local district court should have forms you can fill out - although they are a bit confusing at times. You may call me for additional assistance if you wish, after 11/13/03

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Answered on 11/06/03, 5:59 pm


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