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Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Understanding Utah’s Wrongful Death Statute

Utah’s Wrongful Death Act (Utah Code Title 78B, Chapter 3, Part 1) governs who may recover damages when a loved one dies due to another’s wrongful act or negligence. A personal representative brings the claim, then distributes any net proceeds according to the statute’s hierarchy. See Utah Code § 78B-3-1103.

Steps to Distribute Wrongful Death Proceeds

1. Appoint and Empower a Personal Representative – Under Utah Code § 78B-3-1101, the court appoints a personal representative (PR). The PR files the wrongful death action and later handles the distribution of proceeds.
2. Calculate Net Damages – From the gross recovery, subtract attorney fees, court costs, and case-related expenses to determine the net award.
3. Follow Statutory Distribution Tiers – Utah Code § 78B-3-1103 establishes the order:
1. If the decedent leaves a surviving spouse but no surviving child of the decedent or of both decedent and spouse, the spouse receives 100% of net damages.
2. If the decedent leaves a surviving spouse and one or more surviving children (of the decedent alone or of both decedent and spouse), the spouse receives 50% of net damages; the remaining 50% divides equally among all surviving children.
3. If there is no surviving spouse but one or more surviving children, they divide 100% of net damages equally.
4. If there is no surviving spouse or children, surviving parents share net damages equally.
5. If there is no surviving spouse, children, or parents, surviving siblings share net damages equally.
6. If no spouse, children, parents, or siblings survive, net damages revert to the PR to hold for up to one year for any person later establishing entitlement.
4. Obtain Court Approval (If Required) – If heirs dispute their shares or if minors receive proceeds, the PR may need a probate court order approving the distribution.
5. Distribute Funds and Close Administration – Once funds are paid out, the PR files a final accounting and petition for discharge under Utah’s Probate Code (Utah Code Title 75).

Helpful Hints

• Start Immediately: Prompt action helps you meet statutory deadlines.
• Collect Proof of Relationship: Gather birth certificates, marriage licenses, and other documents confirming heir status.
• Consult a Probate Attorney: Legal guidance can simplify filings and resolve disputes.
• Maintain Detailed Records: Track all expenses, fees, and disbursements for the PR’s final accounting.
• Plan for Minors: Court approval or a guardianship order may be required before distributing funds to minor heirs.