Dying without a will in Utah

Estate planning

Dying without a will in Utah

By Frank Stucki, Esq., MBA

Quick answer

In Utah, if you die without a will, your surviving spouse often inherits everything, unless you have children from another relationship. Then the spouse takes the first $75,000 plus half the rest, and your descendants share the remainder.

Who decides who inherits?

Without a will, Utah's intestate succession rules decide. They are in Title 75, Chapter 2, Part 1 of the Utah Code, part of Utah's version of the Uniform Probate Code.

Utah is not a community property state. Unlike Nevada or Washington, Utah doesn't automatically treat marital earnings as half-owned by each spouse for inheritance purposes. The intestacy formula applies to the probate estate as a whole.

How much does a surviving spouse get?

Under Utah Code 75-2-102:

  • Your spouse takes everything if you have no surviving descendants, or if all of your descendants are also your spouse's descendants.
  • Your spouse takes the first $75,000 plus half of the balance if one or more of your descendants are not your spouse's descendants, such as a child from a prior relationship.

That second rule also counts certain nonprobate transfers your spouse receives, like jointly owned property or a payable-on-death account, toward the spouse's share.

Who inherits if there's no spouse?

Under Utah Code 75-2-103, anything not going to a spouse passes in this order:

  1. Your descendants (children, grandchildren), divided by generation
  2. Your parents, equally, or the surviving parent
  3. Your parents' descendants (your brothers, sisters, nieces and nephews)
  4. Your grandparents or their descendants, split between both sides of the family
  5. Descendants of a deceased spouse

If no one qualifies, the estate passes to the state for the permanent state school fund (Utah Code 75-2-105).

An heir also has to survive you by 120 hours to inherit under these rules (Utah Code 75-2-104).

Why does this matter for blended families?

The $75,000-plus-half rule is where blended families feel it. Picture a remarried parent with one child from a first marriage and a house worth $400,000.

Without a will, the spouse may receive $75,000 plus half of the remaining value, and the child receives the other half. The spouse and stepchild could end up co-owning the family home, which can strain relationships at a hard time.

A will or trust lets you decide: perhaps your spouse keeps the home for life and your child inherits it later.

What about stepchildren and unmarried partners?

Stepchildren who were never adopted generally don't inherit from a stepparent under the default order, except as descendants of a deceased spouse when no closer relatives exist. An unmarried partner generally inherits nothing without a will, trust or beneficiary designation.

Who raises my kids if I die without a will?

A Utah parent may appoint a guardian for a minor child by will or another signed writing (Utah Code 75-5-202). Without that appointment, the court chooses. See our guide on naming a guardian.

Does every Utah estate go to court?

No. If the estate subject to administration, less liens, is $100,000 or less, an heir may collect personal property by affidavit 30 days after death (Utah Code 75-3-1201).

For larger estates without a dispute, Utah allows informal probate through the court registrar (Utah Code 75-3-301). A trust can avoid probate altogether for assets placed in it.

FAQ

If all your children are also your spouse's children, generally yes. If you have a child from another relationship, your spouse gets $75,000 plus half of the balance.

Generally yes. Your parents are next in line, then your siblings and their children.

No. Only a will or other estate plan can change the default order.

This guide is general information, not legal advice. Reading it does not create an attorney-client relationship.

Frank Stucki, Esq., MBA

Questions about your situation? Frank Stucki, Esq., MBA handles flat-fee legal work in Nevada, Washington, Utah and California.