Detailed answer — How Utah handles estates when there is no will

If someone dies without a valid will in Utah, the person is said to have died “intestate.” Utah’s probate system is built to handle intestate deaths so that the decedent’s property can be collected, debts can be paid, and remaining assets can be distributed to the heirs set by state law.

Key points:

• Intestate succession. Utah law defines who inherits when there is no will. Generally, property passes to surviving spouses and relatives in a priority set by statute. You can read Utah’s probate code at the Utah Legislature site for Title 75 (Probate): Utah Code – Title 75 (Probate).
• When probate administration is required. Probate (a court proceeding) is typically required when the decedent owned assets titled solely in their name that cannot be transferred by contract, beneficiary designation, joint ownership, or a trust. Examples include a bank account or vehicle titled only in the decedent’s name, real estate held solely in the decedent’s name, or significant personal property.
• When probate may not be required. Many assets pass outside probate and do not require administration: assets held in a living trust, property held in joint tenancy with right of survivorship, accounts with named beneficiaries (payable-on-death, transfer-on-death), and certain small assets may be transferred without a full probate case.
• Small estate procedures. Utah provides simplified procedures for small estates to avoid full probate in some cases. These procedures and forms are handled through the Utah courts’ probate processes. For practical guidance and court forms see: Utah Courts: Probate & Estate Information.
• Administrator appointment in intestacy. If probate is needed, the probate court will appoint an administrator (sometimes called a personal representative or administrator) to act for the estate. The administrator’s duties include locating assets, notifying creditors, paying valid debts and taxes, inventorying assets, and distributing remaining property to heirs under Utah law.
• Creditor claims and notices. Probate gives creditors a formal opportunity to make claims against the estate. If assets pass outside of probate, creditor claims against those assets may be more difficult to pursue through the probate court.

Typical steps when probate administration is required in Utah:

1. Determine whether probate is necessary (check titles, beneficiary designations, trust documents, joint accounts).
2. If necessary, file a petition for administration in the proper Utah district court and ask the court to appoint an administrator.
3. Give required notices to heirs and creditors, and prepare an inventory of estate assets.
4. Resolve creditor claims, pay valid debts and taxes, then distribute the remaining assets according to Utah’s intestacy rules.
5. Close the estate with the court after final accounting and distribution.

What to watch for in Utah-specific practice:

• Utah follows a version of the Uniform Probate Code; many routine estates move through an informal or simplified probate track, but supervision level may vary depending on complexity or disputes.
• If family members disagree about heirs, assets, or debts, the court may require a more formal, supervised administration.
• Real property typically requires a probate court action to clear title if it is solely in the decedent’s name and no transfer-on-death instrument or trust applies.

Where to find the law and forms

• Utah Code, Title 75 (probate statutes): https://le.utah.gov/xcode/Title75/75.html
• Utah Courts — practical how-to, forms, and small-estate information: https://www.utcourts.gov/howto/probate/

Because statutes and local court practices change, and because each estate’s facts matter (assets, debts, beneficiaries, and family relationships differ), you should consult the statutes above and the Utah Courts resources. If the estate includes significant assets, real estate, tax concerns, or family disputes, consider seeking an attorney experienced in Utah probate to help with the administration.

Helpful hints — practical steps for people facing an intestate death in Utah

• Inventory titles and beneficiary forms first. Look for deeds, vehicle titles, bank accounts, brokerage accounts, retirement accounts, life insurance, and any living trusts. Assets with beneficiaries or joint owners often avoid probate.
• Check for a living trust. If the decedent had a trust, assets titled in the trust usually do not need probate.
• Use Utah Courts resources. The Utah Courts’ probate pages provide checklists, local forms, and explanations of small-estate procedures: Utah Courts Probate How-To.
• Consider a small-estate affidavit for minor estates. If the estate meets Utah’s small-estate rules, you may be able to collect personal property without formal probate. Confirm eligibility on the Utah Courts site or with counsel.
• Speak with potential heirs early. Identifying heirs and agreeing on next steps can reduce disputes and simplify any needed court process.
• When in doubt, consult a probate attorney. Even a short consult can clarify whether you must open an administration proceeding and which simplified options (if any) apply.

Disclaimer

This article explains general principles of Utah probate law for educational purposes only. It is not legal advice. For advice about a specific situation, contact a licensed attorney in Utah.