Handling Real Estate

Sell Real Estate as an Executor or Trustee

Selling real estate from an estate can be considerably more involved and complex than a traditional sale.  This is due not only to issues in proving authority for the sale, but also due to issues with creditors, inside-of-family real estate sales, seller financing, unique concessions, covenants, quiet title issues, servitudes, conservation servitudes, and retained rights.  Consult with an attorney about the legal issues and potential pitfalls behind selling real estate from your estate or selling real estate from your trust.

Executor Real Property Transfers

If you are the named executor in a will and the property was titled in the name of the deceased person, you will need to file for a probate with a Utah Court in order to transfer real property.  Even if the property is subject to a mortgage, lien, or other encumbrance, probate will be necessary.  You should not attempt to Quit Claim deed the property to a beneficiary because it will create problems in the chain of title, making it impossible to sell the property later on without difficult court processes.

Trustee Real Property Transfers

If real estate is held in the name of the trust, the trustee can file a deed under Utah Code Annotated 75-7-816 incuding the following information: (a)the name of the trustee, (b)the address of the trustee,  and (c) the name and date of the trust.

Leasing Real Property

Fiduciaries should take care to enter into a formal lease with any renter or beneficiary who stays in the property.

Evictions

If an estate has leased real property, it may become necessary to evict the tenant.