Detailed Answer
This article explains how jointly owned bank accounts and property are handled when someone dies without a will in Utah. It uses plain language and short hypotheticals so you can understand what likely happens and what steps to take next. This is general information and not legal advice.
Key legal framework
When a person dies without a will (intestate), Utah’s probate and intestacy rules determine who inherits property left in the deceased person’s estate. The Utah statutes that govern intestate succession are in Title 75 (Probate) — see Utah Intestate Succession (Title 75, Chapter 2): https://le.utah.gov/xcode/Title75/Chapter2/75-2.html. Whether an asset goes through probate or transfers automatically depends on how the asset was titled and whether a nonprobate designation exists.
Two broad categories: nonprobate transfers vs. probate estate
1) Nonprobate transfers pass outside probate and generally go directly to a surviving co-owner or named beneficiary. These usually include:
- Bank accounts titled as joint accounts with right of survivorship (JTWROS). A surviving joint owner typically becomes sole owner automatically.
- Accounts with a payable-on-death (POD) or transfer-on-death (TOD) beneficiary — the named beneficiary receives the funds directly when the bank confirms the death and beneficiary identity.
- Property titled as joint tenants with right of survivorship — the survivor(s) take the deceased’s share automatically by survivorship.
2) Probate assets — assets titled solely in the decedent’s name with no beneficiary or survivorship designation — must be administered through probate. These assets are distributed according to Utah’s intestacy rules (Title 75, Chapter 2).
How common joint arrangements behave in practice
Joint bank account (with survivorship). If a bank account was properly opened as a joint account with the right of survivorship, the surviving owner generally becomes the account owner on proof of death (death certificate). The bank may freeze the account until it receives required documents. If the joint account was intended as convenience only (one party used it but the funds belonged to the decedent), disputes can arise and the bank or court may need to resolve ownership.
Payable-on-death (POD) / Transfer-on-death (TOD) account. A POD/TOD designation names a beneficiary who receives the asset on the account holder’s death. That transfer bypasses probate; the beneficiary must present a death certificate and identification to the financial institution.
Joint tenancy with right of survivorship (real estate). Real property titled as joint tenants with right of survivorship passes automatically to the surviving joint tenant(s) and usually does not go through probate. If the deed does not clearly state survivorship or if the owners were tenants in common, the deceased’s share may require probate to transfer.
Tenants in common (real estate or other property). If two people own property as tenants in common, each owns a distinct share that does not automatically pass to the other on death. The decedent’s share will be part of the probate estate and distributed under intestate succession if there is no will.
What Utah law does next if there is no joint owner or beneficiary
If an asset has no surviving joint owner and no named beneficiary, the asset generally becomes part of the decedent’s probate estate. Utah’s intestate succession rules then determine who inherits. Broadly:
- If the decedent has a surviving spouse and children, the estate typically is divided between them under the statutory scheme.
- If there is no spouse or children, more remote relatives (parents, siblings, nieces/nephews, etc.) may inherit.
- If no relatives are located, the estate may ultimately escheat to the State of Utah.
See Title 75, Chapter 2 for the specific order and shares: https://le.utah.gov/xcode/Title75/Chapter2/75-2.html.
Short hypotheticals
Hypothetical A — Joint bank account with survivorship:
Alice and Ben hold a bank account as joint tenants with right of survivorship. Alice dies. The bank, after seeing Alice’s death certificate, transfers the account balance to Ben. The funds do not go through probate.
Hypothetical B — Account in decedent’s name only:
Carmen dies owning a checking account in her sole name with no POD beneficiary. The bank freezes the account. Carmen’s estate uses the funds to pay funeral bills and debts. If Carmen left no will, Utah intestate rules (Title 75, Chapter 2) determine who receives any remaining money after debts and expenses.
Hypothetical C — House held as tenants in common:
Drew and Eva own a house as tenants in common. Drew dies. Drew’s 50% interest becomes part of Drew’s probate estate and passes to Drew’s heirs under intestacy unless the co-owner and heirs make another arrangement.
Practical steps to take after a death
- Get multiple certified copies of the death certificate from the local registrar.
- Contact banks and mortgage companies; ask what documentation they require to release funds or transfer title.
- Check titles and account paperwork for words like “joint with right of survivorship,” “POD,” “TOD,” or beneficiaries.
- If an asset appears frozen or ownership is disputed, avoid unilateral withdrawals — that can create liability.
- If the estate looks like it needs probate (no survivorship or beneficiaries), consult the local probate court or an attorney about opening probate or an informal small estate process if eligible.
When to consider talking to an attorney
Consider an attorney if any of the following apply:
- There is a dispute among survivors about whether an account was intended to be survivorship or convenience only.
- Significant assets are frozen and heirs disagree about distribution.
- The estate is large, has complex assets (business interests, out-of-state property), or the decedent had debts and potential creditor claims.
An attorney experienced in probate and estate administration can explain Utah procedures, court filings, deadlines, and any cost-effective alternatives such as summary probate or small estate remedies.
Relevant Utah statutory reference
Intestate succession and distribution rules: Utah Code, Title 75 (Probate), Chapter 2 — Intestate Succession: https://le.utah.gov/xcode/Title75/Chapter2/75-2.html.
Helpful Hints
- Don’t assume every joint account automatically avoids probate — check the exact account title and agreement.
- Collect several certified death certificates; many institutions require originals.
- Keep careful records of communications with banks, insurers, and title companies.
- Avoid moving or spending money from estate accounts until you understand the ownership and any creditor obligations.
- If the total estate is small, ask about Utah’s simplified or small-estate procedures — they can save time and expense compared with full probate.
- If you are a surviving joint owner, expect the institution to request ID and a certified death certificate; processing times vary.
- Even when an asset passes outside probate, it may still be subject to creditor claims against the decedent’s estate in some situations. Get legal advice if creditors appear.
Disclaimer: This is general information about Utah law and does not constitute legal advice. For advice about a specific situation, contact a licensed Utah attorney who can evaluate the facts and explain options.