Detailed Answer
When your father dies without a valid will in Utah, state law under Title 75, Chapter 2 of the Utah Code governs who inherits his estate. To determine the intestate heirs, follow these steps:
- Confirm Intestacy: Verify that no will or trust exists. Contact the clerk of the probate court in the county where your father lived. If no will is filed, intestate succession rules apply.
- Identify a Surviving Spouse: Under Utah Code § 75-2-102, a surviving spouse may inherit the entire estate or share it with descendants, depending on who survives.
- List Descendants: Determine all children and grandchildren (including those adopted) of your father. Utah follows per stirpes distribution. See Utah Code § 75-2-103 for how shares divide among descendants and the spouse.
- Check for Parents and Siblings: If no spouse or descendants exist, the estate passes to parents equally. If parents are deceased, next in line are siblings and their descendants. Utah Code § 75-2-103 lays out this priority.
- Gather Documentation: Collect certified birth certificates, marriage licenses, adoption decrees and death certificates. Genealogical and public records help prove each heir’s relationship to your father.
- Probate Court Process: File a petition for appointment of personal representative. The court will notify potential heirs and supervise distribution based on Utah’s intestate schedule.
Example: If your father is survived by a spouse and two children, the spouse takes one-half and each child receives one-quarter of the estate. If there’s no spouse but two children, each child takes one-half.
Disclaimer: This article provides general information about Utah intestate succession. It is not legal advice. Always consult a qualified attorney for guidance on your situation.
Helpful Hints
- Search probate court records early to confirm whether a will was filed.
- Use certified documents to establish each person’s legal relationship.
- Include adopted children equally under Utah Code § 75-2-104.
- Notify all potential heirs promptly to avoid delays in probate.
- Consider hiring a probate attorney if the family tree is large or contested.