How do I determine who the intestate heirs are of my father’s estate in Utah?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.