Step one: find out how the land was titled.
Look at the last recorded deed. The county recorder or county clerk where the land sits can tell you what's on record, and many rural counties let you search online. How the deed was written decides what happens next.
- Joint tenancy with someone still living. The survivor usually owns it already and just needs to record the death certificate with the county. In Utah, for example, the survivor records an affidavit that describes the land, cites the deed that created the joint tenancy, and attaches the death certificate.
- Owned by a trust. The successor trustee can usually sign the deed. The title company will ask to see the trust or a certificate of trust.
- Owned by the person alone (with or without a will). The heirs need a court order or a probate case in the state where the land sits before anyone can sign a deed, even if the rest of the estate was handled somewhere else. What that looks like depends on the state.
Step two: what each state requires.
- Utah. The small estate affidavit cannot be used to transfer land. The Utah courts say so directly. Plan on probate, which for a small estate is often an informal probate, quicker and cheaper than a formal one.
- Idaho. Same rule: Idaho's small estate affidavit covers personal property only and can't transfer real estate, so the land goes through probate.
- Colorado. Also the same: the Colorado small estate affidavit can't transfer real estate. Informal probate is the usual route.
- Wyoming. Wyoming has a shortcut. If the whole estate is worth $400,000 or less after liens, the heirs can ask the court for a decree of summary distribution, starting 30 days after the death. A certified copy of the decree is recorded with the county clerk where the land sits, and that establishes the heirs' title.
Step three: get the paperwork in one place.
Gather the death certificate, the will or trust if there is one, the last deed, and any property tax notices from the county. Back taxes are common on inherited land because the bills keep going to someone who has passed away. Unpaid taxes don't stop a sale. They are paid off from the sale price at closing.
Step four: sell without traveling.
When you sell to a direct buyer like us, the sale runs through a local title company. You sign the purchase agreement electronically, and the title company mails you the closing documents to sign in front of a notary near you. We pay the title and closing costs, and there are no agent commissions.
If probate or a court decree is needed first, you can still sign a purchase agreement now. The closing is simply scheduled once someone has the legal authority to sign.
Questions about your own land? Call or text (801) 441-0224, email [email protected], or use the form below. — Coby Reid, Bojiki LLC
This guide is general information, not legal advice. Sources: Utah Courts: Small Estates · Utah Code 57-1-5.1 (joint tenancy affidavit) · Nolo: Idaho probate shortcuts · Nolo: Colorado probate shortcuts · Wyoming Statutes 2-1-205 (summary distribution)