Disclaimer: This is not legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
When a Utah resident dies without a valid will (intestate), Utah’s intestacy statutes in Title 75 of the Utah Code determine how the estate transfers to heirs. Specifically, Utah Code Ann. § 75-2-102 and § 75-2-103 outline the classes of heirs and the order of distribution (75-2-102; 75-2-103).
Key distribution rules include:
- No surviving descendants: Entire estate to surviving spouse.
- Surviving spouse and descendants who are all descendants of the spouse: Entire estate to spouse.
- Surviving spouse plus descendants not all of the spouse’s: Spouse receives first $200,000 plus half of the remaining estate; descendants share the other half.
- Descendants only (no spouse): Estate divides equally by representation (per stirpes) among descendants.
- No spouse or descendants: Estate passes to parents, then siblings, then more distant kin. If no heirs exist, estate escheats to the state for public education.
Utah law also protects certain family interests before distribution:
• 75-2-301: Exempt property for survivor use.
• 75-2-302: Family allowance for support of spouse and minor children.
Example: Jane dies in Utah owning $500,000. She leaves a spouse and two children from a prior marriage. Under § 75-2-103, her spouse takes $200,000 plus half of the remaining $300,000 ($150,000), totaling $350,000. The two children split the remaining $150,000 equally.
Helpful Hints
- Compile a list of all potential heirs: spouse, descendants, parents, siblings, etc.
- Inventory assets (real property, bank accounts, personal items) before distribution.
- File probate in the Utah county where the decedent resided to open the estate.
- Consider legal counsel if the estate is large, complex, or heirs dispute the distribution.
- Review homestead and family allowances to protect qualifying family members before assets transfer.