UT estate risk
Intestacy risk in Utah
How assets are distributed when there is no will and state default rules control the outcome.
Utah intestacy gives the surviving spouse the entire estate in some cases, or a $75,000 set-aside plus one-half when the decedent has descendants not shared with the spouse.
At a glance
Key takeaways
- If there are no descendants or all descendants are also the spouse's, the spouse inherits the entire intestate estate.
- If one or more descendants are not the spouse's, the spouse receives $75,000 plus one-half of the balance.
- Any remaining estate passes to descendants per capita at each generation, then to parents, then to descendants of parents in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Questions to consider
Questions to consider in Utah
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Utah intestacy gives the surviving spouse the entire estate in some cases, or a $75,000 set-aside plus one-half when the decedent has descendants not shared with the spouse.
- If there are no descendants or all descendants are also the spouse's, the spouse inherits the entire intestate estate.
- If one or more descendants are not the spouse's, the spouse receives $75,000 plus one-half of the balance.
- Any remaining estate passes to descendants per capita at each generation, then to parents, then to descendants of parents in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://le.utah.gov/xcode/Title75/Chapter2/C75-2-S102_1800010118000101.pdf
- https://le.utah.gov/xcode/Title75/Chapter2/C75-2-S103_1800010118000101.pdf
- https://le.utah.gov/xcode/Title75/Chapter2/C75-2-S104_1800010118000101.pdf
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Utah.
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