Utah Lawyer Stephen Howard
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Stephen W. Howard - Canyons Law Group
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Utah Attorney Stephen Howard - Canyons Law Group

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How do I transfer ownership of a home in Utah after my husband/wife has died?

Under Utah law, the process of transferring title to a home (or other real estate) after the death of a spouse depends on how the property was titled.  The most common method of owning real estate by a husband and wife is under a joint tenancy with rights of survivorship.  Under a joint tenancy with right of survivorship, each spouse owns a 50% undivided interest in the property while both spouses are alive.  Upon the death of either spouse, ownership of the entire property automatically passes to the surviving spouse.  However, to maintain a clean chain of title, an affidavit should be recorded with the county recorder's office where the property is located.

If the property is held in a way other than as joint tenants with right of survivorship, it is often necessary to obtain an appointment from the probate court as a personal representative of the deceased spouse's estate and to obtain letters testamentary or letters of administration.  If the property is held under a trust, the probate process can often be avoided.

For assistance in transferring title to real property, contact Stephen Howard today for an initial consultation with a Utah real estate attorney.


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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties - and all of Utah.


Stephen W. Howard is Utah attorney, practicing as part of the Canyons Law Group, LLC.
With offices in Salt Lake and Davis Counties, we are pleased to provide legal services to clients throughout Utah.
Call 801-449-1409 to arrange for a confidential initial consultation.

Stephen W. Howard, PC

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