Detailed Answer

When someone dies without a will in Utah, the probate court follows intestate succession rules under Utah Code § 75-2-101. A personal representative (PR) starts the process. The PR identifies assets, inventories them, pays debts, then distributes the balance to heirs under state law.

Identifying Real Property

The PR locates deeds, titles, and county records to list all real estate owned by the decedent. Each parcel’s legal description and county recorder information goes into the inventory.

Identifying Personal Property

Personal property includes bank accounts, vehicles, furniture, jewelry, investments, and digital assets. The PR reviews statements, insurance policies, and safe deposit boxes to compile a complete list.

Inventory Requirements

Within three months of appointment, the PR must file an inventory under Utah Code § 75-3-801. This document lists each asset and its fair market value as of the date of death.

Distribution Rules

Utah’s intestacy law allocates assets in a strict order of priority:

• Surviving Spouse: See Utah Code § 75-2-103 for the spouse’s share based on the presence of descendants or parents.
• Descendants: Children and grandchildren inherit under Utah Code § 75-2-104.
• Parents: If there is no spouse or descendants, parents divide the estate under Utah Code § 75-2-105.
• Siblings and Other Relatives: Heirs beyond parents inherit under Utah Code § 75-2-106.
• No Heirs: If no qualifying relatives exist, the estate escheats to the State of Utah under Utah Code § 75-2-109.

Timeline & Closing the Estate

After settling debts and taxes, the PR distributes the remaining assets. Utah generally requires final distribution within twelve months of appointment. The PR then files a closing statement with the probate court.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.

Helpful Hints

• Review county recorder and motor vehicle records to ensure all real property and titled assets appear in the inventory.
• Gather financial statements early to avoid missing personal property accounts.
• Use the Utah Probate Code to track procedural deadlines.
• Maintain clear communication with potential heirs to prevent disputes.
• Consider hiring a probate attorney to navigate complex estates.